Proposed bill would make Florida employers liable for detransition care

A Florida state senator introduced a bill Feb. 20 that would require employers that cover gender-affirming care in the state to pay for subsequent detransitions, including for individuals no longer employed, The Hill reported Feb. 21. 

The "Reverse Woke Act" was introduced by Florida Sen. Blaise Ingoglia, a Republican. The bill would also require employers in the state that fund out-of-state travel for gender-affirming care to pay for detransition care. It would enable current and former employees to sue businesses for failing or refusing to cover the costs of procedures to "reverse gender dysphoria treatment." It will be considered when the legislature reconvenes March 7, according to the Hill

Some legal experts have criticized the bill for being too broad. 

"Coverage for detransition care under a broader gender dysphoria diagnosis isn't inherently bad and I think should be covered," Alejandra Caraballo, a clinical instructor at Harvard Law School's Cyberlaw Clinic, said in a tweet cited by the news outlet. "The problem is that they are making this a massive unquantifiable liability for employers and insurance companies because the liability risk is not knowable. This could require a company to cover detransition care 30 years later or face civil legal liability for the cost of care." 

Florida medical boards voted to ban gender-affirming care for minors in November. Earlier this month, the Florida Board of Osteopathic Medicine voted to revoke an exception that allowed individuals participating in clinical trials to receive puberty blockers and hormone therapy. 

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