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   Health and Wellness

Trans people sue West Virginia for denying them equal health care benefits

   "This health care is about my very survival."
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   denying gender-affirming health care in state health care plans.

   Christopher Fain – a transgender man who is a Medicaid participant –
   and Brian McNemar and Zachary Martell – a cisgender state employee and
   his transgender husband – filed a complaint last week with the U.S.
   District Court for the Southern District of West Virginia with the help
   of Lambda Legal, alleging that the state’s denial of gender-affirming
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   Related: Trump administration faces two lawsuits for allowing doctors
   to refuse transgender patients

   “These state health plans facially, and categorically, exclude coverage
   for health care that transgender people require,” the lawsuit states.
   “The exclusions in the state health plans described in paragraphs 61
   and 64 use antiquated and improper language, but their targeting of
   transgender people on explicitly sex-based terms is unmistakable.”

   The suit claims that specifically excluding coverage for health care to
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   gender-confirming care is the only safe and effective medical treatment
   for gender dysphoria, and wholly disregard the harms of denying
   transgender people access to critical health care,” the lawsuit says.

   McNemar is an accountant auditor at the Mildred Mitchell Bateman
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   “surgical or pharmaceutical treatments associated with gender
   dysphoria” and any health care “performed in preparation for, or as a
   result of, sex transformation surgery.” The plaintiffs say that that’s
   proof of discrimination – certain treatments are only excluded if
   they’re used to treat gender dysphoria, not if they’re used to treat
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   health plan is a basic part of the compensation he earns through his
   job. The discriminatory exclusion, which bars me from care simply
   because I am transgender, denies state employees equal pay for equal
   work.”

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   The state’s Medicaid Policy Manual says that “all members” are entitled
   to “appropriate, medically necessary and quality health care services,”
   but then specifically says that it does not cover “transsexual
   surgery.” Each of the private companies that the state uses to provide
   Medicaid coverage have language in their policies that denies coverage
   of “hormone therapy for sex transformation procedures.”

   “This health care is about my very survival, and the health and
   survival of thousands of other transgender people in our community
   forced to go without care because of these exclusions,” he said.

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   care. The Obama administration issued guidance that said that the law’s
   ban on discrimination because of sex includes discrimination against
   transgender people, guidance that the Trump administration has been
   trying to overturn for years.

   A judge issued a temporary injunction earlier this year to stop the
   Trump administration’s plan to end the health care protections for
   transgender people as legal challenges are heard in court.

   “Transgender and non-binary West Virginians are denied coverage for
   essential, and sometimes life-saving, gender-confirming care — while
   cisgender West Virginians receive coverage for the same kinds of care
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   Smith-Carrington. “The exclusions of gender-confirming care in West
   Virginia’s state health plans are unconstitutional and discriminatory,
   and deny transgender and non-binary West Virginians basic dignity,
   equality, and respect.”
   Health and Wellness
   Affordable Care Act, Avatara Smith-Carrington, Brian McNemar,
   Christopher Fain, Donald Trump, Huntington WV, Lambda Legal, Medicaid,
   Obamacare, Section 1557, transgender Medicaid, West Virginia, Zachary
   Martell

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