HB 606 changes the statute of limitations for gender affirming care related medical malpractice claims, increasing the time frame in which a claim against a provider can be brought. A cause of action arising from medical malpractice in the course of “facilitating or perpetuating gender transition” can be brought within 10 years from the day the claimant reaches 18 years of age. Typically medical malpractice cases for all other types of health care must be brought within 3 years of the act.
Additionally, HB 606 would remove the cap on noneconomic damages for gender affirming care medical malpractice claims. In other medical malpractice claims for all other types of health care, when the plaintiff is entitled to an award of noneconomic damages, the total amount of noneconomic damages is capped at $500,000.
HB 606 would also prohibit the use of state funds or governmental health plans for surgical gender transition procedures or puberty-blocking drugs/cross-sex hormones for any prisoner incarcerated in the State prison system or in the custody of Department of Adult Corrections.