Documentos de identificação

Assistência médica (pular para a seção)

Transgender Rights | ID Documents |Rhode Island

GLAD has an ID Transgender Project that provides free resources for transgender people living in New England (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island or Vermont) seeking to update their legal name and gender on federal and state identification documents.

In many cases, you can update these documents without the assistance of a lawyer using the information below. If you do need help, see the question below:

How do I obtain a legal name change in Rhode Island?

Luckily for Rhode Islanders who wish to make a name change, there are relatively few steps involved in this process compared to most states. Furthermore, the State’s statutes are quite lenient when it comes to naming change laws. Judges are quick to approve name change petitions and sometimes will even sign a name change decree without having the petitioner attend a court hearing.

Step 1 – Complete Name Change Petition

Download the Name Change Petition (Form PC-8.1) and enter all the appropriate
information except for your signature – this must be done in the presence of a notary.
The Decree section at the bottom of the form will be filled out by the judge if the name
change is approved.

Step 2 – Have the Petition Notarized

The Petition must be signed in front of a notary public. You can ask your city or town
clerk for a referral, or even visit your bank. (If you have a personal account you may not
be charged a notarization fee.)

Step 3 – File Petition

Attach a copy of your birth certificate to Form PC-8.1 and visit your local city or town
clerk/probate court to file your petition. The fees involved in filing a name change
petition vary by city/town, but it is usually less than $100. The court clerk will provide a
date for you to come back to the courthouse and either attend a hearing or pick up your
signed decree. This date is usually about thirty (30) days from the filing date.

Step 4 – Background Check

Once the petition has been filed, a Bureau of Criminal Investigation (BCI) report may be
required; visit your city or town clerk to learn how this is handled. Some courts may
have local law enforcement do the BCI check, or one may be requested through the RI
Attorney General’s Office. After receiving the BCI report, attach it to the petition so the
judge can look it over.

Step 5 – Publish Notice (If Applicable)

There is no law that requires you to publish a notice declaring your name change in
your local newspaper; however, the court where you filed your petition may require that
you do so. Ask the court clerk if this is a necessary step and, if it is, find out whether the
court will advertise on your behalf or if you must contact a local newspaper yourself.

Notify them of your current name and proposed name change so they can run an ad in
their next issue. Ask them to send you proof of publication so you can bring it to your
court date.

We suggest you ask the court to waive this requirement to protect your privacy.

Step 6 – Attend Hearing

Unless the judge has already signed the decree approving your name change, you will
be asked to visit the courthouse again to attend a hearing in front of the judge. (Bring
proof of publication, if applicable.) The judge may ask you a couple of questions, or they
may just want you to give an official statement. If they grant the change of name, they
will sign the Decree section of the Petition Form. Have the clerk make certified copies of
the Decree so you can change your name on any legal documentation.

Name Change for a Minor

A name change for a minor follows the steps above, but both parents must consent to the name change. Judges may consider whether to grant a name change for a minor according to what is in the ‘best interests of the child’.

They typically evaluate the best interest of the child by looking at a variety of factors, which may include the child’s preference (taking into consideration their age and experience), the length of time a child has used that name, the difficulties, harassment, or embarrassment a child may experience from the present or proposed name, and the motives or interests of the parent.

To demonstrate that the name change is in the best interests of the child, along with the name change petition you may want to submit evidence showing the judge why this is in the child’s best interest. Examples of such evidence would be letters from teachers, family, or friends confirming their use of preferred name, letters from providers confirming the child’s gender identity, etc.

How do I change the name and gender on my Rhode Island driver’s license?

Here are the instructions for changing name and gender on a Rhode Island driver’s license or identification card: https://dmv.ri.gov/licenses-permits-ids/drivers- licenses/name-address-change.

If you are changing your name, you must first change it on your Social Security card. It will take at least 24 hours for changes at Social Security to become effective for the DMV to process your transaction.

You must complete the following form: file:///C:/Users/gsbwb/Downloads/license-app-with-checklist-2022-01-28.pdf and go in person to your local DMV office with the
completed application and the required documentation, which for a non-REAL ID includes:

● If you’re changing your name, a certified name change order from a court (it
doesn’t need to be a Rhode Island court) and a Social Security card with your
new name.
● If you’re changing your gender you must submit a completed Gender Designation
form: https://dmv.ri.gov/sites/g/files/xkgbur556/files/documents/forms/license/gender_d. You can self-attest your gender, and so you don’t need a letter from a medical provider. Also, Rhode Island allows you to choose “M,” “F,” or a non-binary “X.”
● One document from the “Proof of Identity Document List.”
● Two documents from the “Proof of Residency Document List.”

NOTE: Beginning May 3, 2023, if you want to use a state ID to fly domestically or enter a federal building, it will need to be a REAL ID. In addition to the requirements above, to get a REAL ID your “Proof of Identity Document” must also show that you are either a U.S. citizen, Permanent Resident or have some other proof of lawful residence. Here is the list of permissible documents: file:///C:/Users/gsbwb/Downloads/real-id-identification-documents-checklist-2021-12.pdf. For more information about obtaining a RI REAL ID, see: https://dmv.ri.gov/licenses-permits-ids/real-id.

If I was born in Rhode Island, how do I change the name and gender on my birth certificate?

To change your name on a Rhode Island Birth Certificate:

• Download the Application for a Certified Copy of a Birth Record here.
• Box 1: Fill in all requested information. After “New name if changed in
  court”, fill in with your current legal name.
• Box 2: Indicate that you are requesting your own birth certificate.
• Box 3 asks “Why do you need this record?”. Check the “other use” box and specify you are seeking to have the name on your birth certificate updated to match your court ordered name change.

• Name change court order (certified copy)
  • This is the official name change order you received from your local probate court.
  • You must provide the Office of Vital Records with a certified copy, not a photocopy. This document will eventually be mailed back to you after your request is processed.
• Photocopy of a form of photo ID
  • Accepted forms of photo IDs can include your driver’s license, state ID, US passport, military ID, certificate of naturalization, or alien registration form.
• Payment ($35.00):
  • $10.00 to process the change to your birth certificate
  • $25.00 to mail you an updated version of your birth certificate
  • Payment can be made by check or money order, payable to “General Treasurer of RI”.

To update the gender marker on a Rhode Island Birth Certificate to “M,” “F,” or non-binary “X”:

You will need to contact the Office of Vital Records to prepare an affidavit for you. This can be done at the same time as updating the name on your RI birth certificate. As of March 2021, medical documentation is no longer required to update the gender marker on your RI birth certificate.

Contact the Office of Vital Records by phone or by email:

• By phone: (401) 222-5339
• By email: melissa.wilson@health.ri.gov

Inform the Office of Vital Records you are seeking to change the gender marker on your
RI birth certificate and that you are requesting an affidavit.

• Tell them the gender marker currently on your birth certificate and the gender marker you are seeking to change to.
• Give them key biographical information, including name at birth, updated legal name, date of birth, and place of birth.

A sample script for email or phone call is provided below:

Hello,

I am seeking to change the gender marker in the sex field on my Rhode Island birth certificate from (M/F) to (M/F/X). I am writing to request that your office prepare an affidavit for me to sign to initiate this process.

My key biographical information is:

Legal Name:
Name at Birth:
Date of Birth:
Place of Birth:

Please contact me at (phone number) ou (email address) with any questions.

Obrigado.

After this request, the Office of Vital Records will prepare a formal affidavit for you. They will send you a copy via email or mail.

Where can I get help changing my name and gender on various ID documents?

O Transgender ID Document Project is a joint project of GLAD, Massachusetts Transgender Political Coalition (MTPC), and law firms Ropes & Gray LLP and Goodwin. It matches a resident from any of the six New England states with a pro bono (free) attorney at one of these law firms. However, because of the popularity of the program, it may be several weeks before you are contacted by an attorney from one of these firms. For more information and to apply for the Project, go to: https://www.gladlaw.org/id/.

However, in most cases, by using the information and forms provided here, you can
update these documents fairly easily on your own without the assistance of an attorney.

Recursos

Details about changing name and gender on various ID documents:
https://www.transvoteri.com/id-documents
The National Center for Transgender Equality (NCTE) has an ID Documents Center with information about changing name and gender on state and federal ID documents.

You can find information about Rhode Island here:
https://transequality.org/documents/state/rhode-island.

Casos e Advocacia

To see Transgender Rights cases or advocacy which GLAD has been directly involved with in Rhode Island, go to: Cases and Advocacy – GLAD and under “By Issue” click on “Transgender Rights” and under “By Location” click on “Rhode Island.”

Notícias e comunicados de imprensa

To see news and press releases about Transgender Rights in Rhode Island, go to: News & Press Releases – GLAD and under “By Issue” click on “Transgender Rights” and under “By Location” click on “Rhode Island.”

Transgender Rights | Health Care | Rhode Island

Os planos de saúde podem discriminar pessoas LGBTQ+?

Under federal and Rhode Island state law, nearly all health plans cannot discriminate on
the basis of sex, and, because the Supreme Court ruling in Bostock v. Clayton Co.
concluded that all gender identity and sexual orientation discrimination is a form of sex
discrimination, nearly all health plans cannot discriminate against LGBTQ+ people.

What health care plan protections are provided by Rhode Island?

Rhode Island Health Insurance Commissioner

In 2015, the Rhode Island Health Insurance Commissioner issued a bulletin “for the
purpose of advising health insurers 1 , health care providers and consumers of health
insurance that discrimination against an individual in the context of health insurance
because of the individual's gender identity or expression constitutes sex discrimination
prohibited by Rhode Island law. This prohibition extends both to the availability of health
insurance coverage and to the provision of health insurance benefits, including
medically necessary transgender surgery and gender identity or gender dysphoria
related health care services.”

Rhode Island Medicaid

In 2015, Rhode Island’s Medicaid program removed the exclusion of gender-affirming
care. These are the guidelines for gender dysphoria and gender non-conforming health
care: https://eohhs.ri.gov/sites/g/files/xkgbur226/files/Portals/0/Uploads/Documents/MA- Providers/MA-Reference-Guides/Physician/gender_dysphoria.pdf.

Are there any health care plans that are not protected under Rhode Island law?

Yes. Medicare and employer health plans that are self-funded (also known as self-
insured) are governed by federal law.

Quais proteções do plano de saúde são fornecidas pelo governo federal?

Medicare

In 2013, Medicare removed the ban on coverage for treatment of gender dysphoria
because it was “experimental” and began to cover medically necessary treatment for
gender dysphoria.

Seção 1557 da Lei de Assistência Médica Acessível (ACA)

Section 1557 makes it unlawful for any health care provider that receives funding from the Federal government to refuse to treat an individual – or to otherwise discriminate against the individual – based on sex (as well as race, color, national origin, age or disability). Section 1557 imposes similar requirements on health insurance issuers that receive federal financial assistance. Health care providers and insurers are barred, among other things, from excluding or adversely treating an individual on any of these prohibited bases. The Section 1557 final rule applies to recipients of financial assistance from the Department of Health and Human Services (HHS), the Health Insurance Marketplaces and health programs administered by HHS.

A Seção 1557 geralmente não se aplica a planos de saúde coletivos autofinanciados sob ERISA ou planos de duração limitada de curto prazo porque as entidades que oferecem os planos normalmente não estão envolvidas principalmente no negócio de fornecer assistência médica, nem recebem assistência financeira federal.

In May 2021, the Biden Administration announced that the Health and Human Services Office for Civil Rights (OCR) would interpret and enforce Section 1557 of the ACA and Title IX’s nondiscrimination requirements based on sex to include sexual orientation and gender identity. The update was made in light of the June 2020 U.S. Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions. In enforcing Section 1557, OCR will comply with the Religious Freedom Restoration Act, 42 U.S.C. § 2000bb et seq., and all other legal requirements and applicable court orders that have been issued in litigation involving the Section 1557 regulations.

Título VII

Para empregadores com 15 ou mais funcionários, o Título VII proíbe a discriminação com base em raça, cor, religião, sexo e nacionalidade na contratação, demissão, remuneração e outros termos, condições ou privilégios de emprego. Os termos e condições de emprego incluem benefícios de saúde patrocinados pelo empregador. Historicamente, nem todas as autoridades concordam que o Título VII protege os trabalhadores LGBTQ+ contra a discriminação.

However, the Supreme Court decision in Bostock v. Clayton Co. changes this because that ruling made it clear that sexual orientation and gender identity discrimination are forms of sex discrimination. Although the decision is about wrongful employment termination, it has implications for employer-sponsored health plans and other benefits. For example, employers may want to adjust group health plan coverage of gender dysphoria and related services, including gender-affirmation surgeries and review and compare benefits for same-sex and opposite-sex spouses.

Empregadores religiosos podem discriminar pessoas LGBTQ+?

Em 8 de julho de 2020, em Escola Nossa Senhora de Guadalupe v. Morrissey-Berru, the UnitedStates Supreme Court reaffirmed its stance on the application of ministerial exception to employment discrimination cases as established in earlier rulings. In doing so, the Court simultaneously raised an unanswered issue under Title VII: does the ministerial exception for religious employers allow those organizations to discriminate against employees or candidates based on their LGBTQ+ status?

It’s unclear at this point how the Court’s ruling in Our Lady of Guadalupe School v. Morrissey-Berru may impact the LGBTQ+ employees of religious employers, but religious organizations and employers should recognize that the ministerial exception does not apply to every position within their organizations. Rather, it is limited to those employees who truly perform religious duties. For example, the position of a school janitor who is only present in the building outside of school hours and is not responsible for transmitting the faith would likely not be considered ministerial in nature.

Que medidas posso tomar para obter cobertura para tratamento de disforia de gênero?

1. Primeiro, verifique se o seu plano de saúde oferece cobertura para o tipo de tratamento que você deseja, obtendo uma cópia do “Resumo de Benefícios e Cobertura” do plano.
2. A maioria dos planos de saúde, tanto públicos quanto privados, possui requisitos detalhados que devem ser atendidos para obter cobertura. Isso é particularmente verdadeiro se você estiver tentando obter cobertura para uma cirurgia relacionada à transição. Portanto, entre em contato com seu plano de saúde e solicite uma cópia dos requisitos para o tratamento que você está buscando.
3. Trabalhe com seus terapeutas e médicos para garantir que você atenda a todos os requisitos do plano de saúde. A documentação dos seus terapeutas e médicos é o fator mais crítico para determinar se sua solicitação de tratamento será aprovada.
4. Check what treatment requires pre-approval. In most cases, any surgery will require pre-approval, and the plan may only pay if you use a surgeon that takes their plan.
5. Se o seu pedido de tratamento for negado, descubra os motivos da recusa e, se ainda achar que se qualifica para o tratamento, siga o processo de apelação do plano. Normalmente, haverá primeiro um processo interno de apelação e, se você não for bem-sucedido, às vezes poderá recorrer a uma agência externa. Certifique-se de cumprir os prazos — o não cumprimento de um prazo pode encerrar automaticamente sua possibilidade de recorrer.
6. Keep GLAD informed if you are denied treatment. GLAD may be able to offer suggestions that can help you win your appeal. You can contact GLAD Answers at Respostas GLAD ou por telefone em 800-455-GLAD (4523).
7. Embora mais planos de saúde agora cubram o tratamento para disforia de gênero, o processo de obtenção de tratamento, especialmente para cirurgias relacionadas à transição, pode ser demorado e frustrante. É necessária muita documentação, e encontrar um cirurgião que realize o tipo de cirurgia e que também seja aceito pelo plano de saúde pode ser difícil.
8. Não tenha medo de ser persistente e de reapresentar o pedido caso ele seja negado.

Como faço para encontrar um cirurgião que aceite meu plano de saúde?

More and more surgeons who perform sex reassignment surgeries take health insurance. You should research surgeons carefully to find one who is a good fit for you. You can look at the list of in-network providers provided by your plan to see if they are included or if it includes any surgeons in your area, and if not, you can contact the surgeon’s office to determine if they accept your insurance. Most health insurance plans require that you use a medical provider in your network, but if your network does not include a surgeon who performs the services you need, you may be able to go out of network if you seek prior authorization from your plan.

O que devo fazer se estiver sofrendo discriminação na área da saúde?

If you are being discriminated against by a health care facility or provider, you can file a discrimination complaint with the Rhode Island Commission for Human Rights (RICHR). See the “Discrimination” Issue Area for detailed information about how to do this.

If you have a health care plan that is regulated by Office of the Health Insurance Commissioner, you can file a complaint with that agency: https://ohic.ri.gov/consumer-

Se você possui um plano de saúde regido pela Seção 1557 da ACA, pode registrar uma reclamação junto ao Escritório de Direitos Civis do Departamento de Saúde e Serviços Humanos do governo federal. Para mais informações, consulte: https://www.hhs.gov/civil-rights/filing-a-

Se você possui um plano de saúde autofinanciado por meio de um empregador com pelo menos 15 funcionários, pode registrar uma queixa de discriminação junto à Comissão Federal para a Igualdade de Oportunidades de Emprego (EEOC). Para mais informações, consulte a Área Temática "Discriminação".

Recursos

The New England Transgender Healthcare Consortium consists of providers from over
one dozen healthcare facilities in New England who are dedicated to improving access
to gender affirming. For more information, see: http://negendercare.org/.

Massachusetts Health Care Guidance: https://transhealthproject.org/resources/state-.

Health Insurance Medical Policies: https://transhealthproject.org/resources/health-

Legal Defense & Education Fund memo to plan administrators on liability for
transgender health care exclusions: https://transhealthproject.org/documents/48/2022-

Out2Enroll ACA plan information for 2022: https://out2enroll.org/2022-cocs/.

Transgender health care: https://www.healthcare.gov/transgender-health-care/.

HHS will enforce Section 1557 to protect LGBTQ+ people: https://www.healthaffairs.org/do/10.1377/forefront.20210511.619811/.

National Center for Transgender Equality (NCTE): Know Your Rights in Health Care:
https://transequality.org/sites/default/files/docs/kyr/KYR-Healthcare-June2017.pdf.

NCTE Health Care Guide: https://transequality.org/health-coverage-guide.

EEOC Title VII discrimination protections for LGBTQ+ people:
https://www.eeoc.gov/laws/guidance/protections-against-employment-discrimination-
based-sexual-orientation-or-gender.

Guide to Gender Surgeons: https://www.transhealthcare.org/.

Casos e Advocacia

To see Transgender Rights cases or advocacy which GLAD has been directly involved
with in Rhode Island, go to: Casos e Advocacia – GLAD and under “By Issue” click on
“Transgender Rights” and under “By Location” click on “Rhode Island.”

Notícias e comunicados de imprensa

To see news and press releases about Transgender Rights in Rhode Island, go to:
Notícias e comunicados de imprensa – GLAD and under “By Issue” click on “Transgender Rights”
and under “By Location” click on “Rhode Island.”