Understanding Tennessee’s HB 2310/SB 2045: A Bill Designed to Restrict and Surveil Gender-Affirming Care

HB 2319/SB 2045 is designed to restrict and surveil gender-affirming care for adults in Tennessee. It would require that all gender-affirming care providers and insurance companies that cover gender-affirming care also cover so-called “detransition” care. It would also require gender-affirming care providers to report data about providers and patients to the Tennessee Department of Health, which would then be made public. The bill has not yet passed the House or Senate.

This policy explainer was developed by Campaign for Southern Equality and OutMemphis.

 

How would HB 2310/SB 2045 increase state surveillance of gender-affirming care in Tennessee and put transgender patients’ and providers’ privacy at risk?

The bill requires that gender-affirming care patients’ age, county of residence, sex assigned at birth, diagnosis (i.e. gender dysphoria), and information about the treatment they received be reported to the state Department of Health and published publicly on the department’s website.

While patients’ names will not be published, the information that will be published is not only completely unnecessary for the public to know, it could potentially be used to identify individuals. It is very likely that publishing this information could make it possible to identify transgender people, especially those who live in rural counties of Tennessee where they are the only trans person. Additionally, the healthcare provider’s name, contact information, and medical speciality would be published, putting their privacy and safety at risk. Noncompliance with the reporting requirements will require providers’ licenses to be suspended for at least 6 months, and their employers will concurrently receive a fine of up to $150,000.

This is not the first time the state of Tennessee has attempted to surveil adult gender-affirming care. In 2023, it was revealed that the Attorney General had requested medical records of transgender patients from Vanderbilt University Medical Center under the guise of an investigation into “medical billing fraud.” Vanderbilt did turn over the medical records to the state, but the information was not made public.


Does HB 2310/SB 2045 require the names of gender-affirming care patients in Tennessee to be publicly published?

No. The names of individual patients will not be collected or published by the state. Information about gender-affirming care patients that would be collected and publicly published on the Tennessee Department of Health’s website includes:

  • age

  • county of residence

  • sex assigned at birth

  • diagnosis (i.e. gender dysphoria)

  • date on which the patient received gender-affirming care

  • information about the care the patient received, including medication names and dosages, types of surgery received or referred to


How could HB 2310/SB 2045 potentially limit gender-affirming care access in Tennessee?

The bill requires that all gender-affirming care clinics that receive state funding also offer “detransition” care, and that all insurance companies covering gender-affirming care also cover "detransition" care. By requiring coverage of healthcare that the vast majority of transgender people will never use, this bill creates a costly burden for clinics, insurance providers, and potentially transgender individuals paying for insurance. This burden could result in clinics and insurance providers ending gender-affirming care provision and coverage to avoid costs.

The bill’s requirement that gender-affirming care providers’ name, contact information, and medical specialties be publicly published could dissuade providers from continuing to offer gender-affirming care out of fear for the privacy and safety of providers themselves.

Additionally, the bill’s requirement that some patient data be reported to the state and made public may dissuade transgender people from accessing gender-affirming care in Tennessee in order to protect their privacy.

Finally, the stipulation that noncompliance with the reporting requirements will result in providers having their license suspended for at least 6 months, and their employer will concurrently receive a fine of up to $150,000, could further dissuade providers from continuing to offer gender-affirming care due to the increased liability associated with providing the care.


What is “detransition” care?

“Detransition” care includes medical and psychological support for individuals who have undergone gender-affirming care, but are choosing to discontinue or reverse their treatments. Detransitioning is incredibly rare. According to the 2022 U.S. Trans Survey, less than 1% of transgender people return to living as their sex assigned at birth because “gender transition was not for them”. The majority of people who return to living as their sex-assigned at birth after transitioning do so because of the challenge of being socially accepted as a transgender person.


Has HB 2310/SB 2045 passed into law?

No. As of March 20, 2026 HB 2310/ SB 2045 has not passed the House or Senate. The bill will be considered in the Senate Finance Ways & Means Committee on March 24th and voted on by the House on March 26th.



HB 754 is being voted on by the Tennessee House of Representatives Thursday, March 26.


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