California Code of Regulations
Title 10 - Investment
Chapter 5 - Insurance Commissioner
Subchapter 3 - Insurers
Article 15.1 - Gender Nondiscrimination in Health Insurance
Section 2561.1 - Definitions

Universal Citation: 10 CA Code of Regs 2561.1

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The following terms have the following meanings as used in this article.

(a) "Actual gender identity" means a person's internal sense of being:

(1) male,

(2) female,

(3) a gender different from the gender assigned to the person at birth,

(4) a transgender person, or

(5) neither male nor female.

(b) "Perceived gender identity" means an observer's impression of another's internal sense of being:

(1) male,

(2) female,

(3) a gender different from the gender assigned at birth,

(4) a transgender person, or

(5) neither male nor female. The term also includes an observer's impression that another is:
(1) male,

(2) female,

(3) a gender different from the gender assigned at birth,

(4) a transgender person, or

(5) neither male nor female.

(c) A "transgender person" is a person (1) who has, or has been diagnosed with, gender identity disorder or gender dysphoria; (2) who has received health care services, including counseling, related to gender transition; (3) who adopts the dress, appearance, or behavior of the opposite sex; or (4) who otherwise identifies himself or herself as a gender different from the gender assigned to that person at birth.

(d) "Gender transition" means the process of changing one's outward appearance, including physical sex characteristics, to accord with his or her actual gender identity.

1. New article 15.1 (sections 2561.1-2561.2) and section filed 8-3-2012; operative 9-2-2012 (Register 2012, No. 31).

Note: Authority cited: Sections 10140 and 10140.2, Insurance Code; CalFarm Ins. Co. v. Deukmejian, 48 Cal.3d 805 (1989); 20th Century Ins. Co. v. Garamendi, 8 Cal. 4th 216 (1994). Reference: Sections 10140 and 10140.2, Insurance Code.

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