Rhode Island needs to update and modernize its health insurance anti-discrimination protections
“By prohibiting discrimination in health insurance on the basis of these protected classes, Rhode Island can ensure that residents are accessing necessary medical care.”
“We all are aware of the current federal administration’s publicly stated position not to prioritize civil rights enforcement,” said Lee Staley, Healthcare Unit Chief at the Rhode Island Attorney General’s office. “I think that’s what motivated this measure coming to the fore today, which would essentially fill that gap by creating state-based protections against discrimination.”
Staley was speaking before the Rhode Island House Health and Human Services Committee, where House Bill 6368, introduced by State Representative Rebecca Kislak on behalf of the Attorney General, was being heard. The legislation would update and modernize Rhode Island’s anti-discrimination protections and health insurance “so that they align with the rest of Rhode Island law, which is more comprehensive than our outdated discrimination protection for health insurance.”
In May 2001, Rhode Island became the second state in the country to prohibit discrimination based on gender identity or expression. The issue is that while Rhode Island’s laws against discrimination may be robust in areas such as public accommodation and employment, they are lacking in the area of healthcare coverage. H6368 would “prohibit unlawful and immoral discrimination in the administration of health insurance benefits,” said Attorney Staley, adding that the legislation would “protect Rhode Islanders from discrimination by insurers, by first expanding the protected categories that are recognized under current legislation to include ethnicity, national origin, sex, sexual orientation, gender identity, gender expression, pregnancy, or childbirth related conditions. The list also includes age and disability, which would broaden the current protections afforded under state law and create uniformity in non-discrimination law. This legislation would ensure that patients are not denied access to services simply because of their inability to speak English.”
“For the Latino community, and multilingual and immigrant Rhode Islanders in particular, discrimination can be compounded by language barriers, documentation status, or implicit bias in the healthcare system,” noted Marcela Betancur, Executive Director of the Latino Policy Institute. “House Bill 6368 recognizes that discrimination takes many forms, including practices that seem neutral on their face but result in exclusion in effect. This bill sends a powerful message by explicitly naming these protections: healthcare access is a civil right.”
The bill will also clarify the rights of transgender, gender diverse, and transitioning people to access gender affirming healthcare. The bill specifically states that “no healthcare entity may… have or implement a categorical coverage exclusion or limitation for all health services related to gender transition or other gender-affirming care, or reproductive health care.”
Rhode Island has been a leader in non-discrimination law since 1995. “But the reality is that there are still residents who face discrimination in healthcare settings and research shows that there is a link between discrimination in healthcare settings and adverse health outcomes,” said Elizabeth Rodriguez Ross, an attorney with GLBTQ Legal Advocates and Defenders (GLAD Law). “By prohibiting discrimination in health insurance on the basis of these protected classes, Rhode Island can ensure that residents are accessing necessary medical care.”
“Making sure that folks are not being discriminated against in any part of the healthcare system is fundamentally important to us as people of faith who are committed to a democracy that includes and welcomes everyone,” said Jeremy Langill, Executive Minister at the Rhode Island Council of Churches.
“But discrimination in healthcare is not just a moral failing—it has real, measurable consequences for health outcomes,” noted Wendy Becker, PhD, LICSW. “Numerous studies have demonstrated that marginalized populations face barriers to accessing care, receive lower-quality treatment, and suffer worse health outcomes due to bias, both implicit and overt, within our health care systems.
“This bill is especially important for our LGBTQ+ community, communities of color, people with disabilities, immigrants, and older adults—many of whom have long been underserved or mistreated within the medical system,” continued Dr. Becker. “It sends a clear message: in Rhode Island, health care must be a place of healing, not harm.”
A bill introduced so late in the legislative session will require significant support to pass, and the clock is ticking as the Trump Administration works to undo protections at the national level.