Monday, April 30, 2018

Wisconsin Transgender Medicaid Suit

Monday (below the fold), two transgender citizens of Wisconsin, a trans man and a trans woman, claim that the denial of medicaid coverage for gender-affirming surgery violates the Affordable Care Act. The lawsuit captioned Flack v. Wisconsin Department of Health Services was filed in the United States District Court for the Western District of Wisconsin.

The litigants, Cody Flack and Sarah Ann Makenzie, are well represented and, while novel, the argument is persuasive. Wisconsin also prohibits Medicaid coverage of hormones and other drugs for gender dysphoria regardless of medical necessity. This dates back to a 1997 regulation.

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