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US Judge Orders Medicaid Coverage Be Allowed For Certain Sex Reassignment Surgeries

06:50  23 november  2021
06:50  23 november  2021 Source:   newsweek.com

Lawsuit challenges surgery requirement for N.C. birth certificate change

  Lawsuit challenges surgery requirement for N.C. birth certificate change A lawsuit filed Tuesday challenges North Carolina’s requirement that transgender individuals who want to update their birth certificate undergo “sex reassignment surgery.” © Provided by NBC News Lambda Legal, a leading LGBTQ civil rights group, filed suit in the U.S. District Court for the Middle District of North Carolina on behalf of three transgender North Carolinians: Lillith Campos, a 45-year-old woman who lives in Jacksonville, and two minors — “C.B.” a 16-year-old boy from Chapel Hill, and “M.D,” a 14-year-old girl from Carrboro.

LGBT portal Transgender portal. v. t. e. Sex reassignment surgery (SRS), also known as gender reassignment surgery (GRS) and several other names, is a surgical procedure (or procedures)

They were both denied insurance coverage for sex reassignment surgeries by Medicaid . The state's high court agreed with Judge Arthur Gamble's ruling in June that a 1995 Iowa Department of Human Services policy denying Medicaid coverage for sex reassignment surgery violates the state's 2007 Civil Rights Act, which added gender identity to the state's list of protected classes.

An Iowa judge said in a ruling that became public Monday that a 2019 law prohibiting Medicaid from being used to cover sex reassignment surgeries for transgender citizens violates the state constitution, The Associated Press reported.

American Civil Liberties Union of Iowa Legal Director Rita Bettis Austen speaks during a news conference in Des Moines, Iowa, May 15, 2018. An Iowa law that prohibits Medicaid coverage for sex reassignment surgeries for transgender residents violates state law and the state constitution, a judge ruled in a decision made public Monday, Bettis Austen says it's an historic win for civil rights in Iowa. Gov. Kim Reynolds says she disagrees with the district court's ruling and is exploring all options moving forward. © Charlie Neibergall/Associated Press File American Civil Liberties Union of Iowa Legal Director Rita Bettis Austen speaks during a news conference in Des Moines, Iowa, May 15, 2018. An Iowa law that prohibits Medicaid coverage for sex reassignment surgeries for transgender residents violates state law and the state constitution, a judge ruled in a decision made public Monday, Bettis Austen says it's an historic win for civil rights in Iowa. Gov. Kim Reynolds says she disagrees with the district court's ruling and is exploring all options moving forward.

Judge William Kelly said Iowa's Department of Human Services had to provide Medicaid coverage for the surgeries when medically ordered to treat gender dysphoria.

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“Expanding Medicaid to cover gender affirming surgeries is cost effective, helps avoid long term health consequences, and most importantly is the right thing to do. With continued attacks coming from Washington, this administration will always stand with our transgender community and their right to The HFS said 17 states and Washington, D.C. offer coverage for the surgeries without a significant cost increase. Read more articles about the Transgender Agenda here. The ACLU of Illinois hailed the decision to cover sex reassignment surgeries . “We welcome Governor Pritzker’s announcement

A federal judge has ordered Wisconsin to pay for the gender reassignment surgery for two transgender Medicaid recipients. Cody Flack, 30, and Sara Ann Makenzie, 41, filed a lawsuit in April, saying a state rule denying coverage for surgeries to treat gender dysphoria violates the Affordable U.S. District Judge William Conley granted a preliminary injunction Wednesday barring enforcement of the rule. He suggested the injunction could be expanded to include any transgender Medicaid patient whose doctor recommends the surgery . "The likelihood of ongoing, irreparable harm facing these two

Gender dysphoria is defined by the Mayo Clinic as the "feeling of discomfort or distress that might occur in people whose gender identity differs from their sex assigned at birth or sex-related physical characteristics."

Gender dysphoria commonly begins during childhood, although some people don't experience it until after puberty or later in life.

The ruling follows a lawsuit brought in April by Aiden Vasquez and Mika Covington, two Iowa residents who worked with the ACLU of Iowa to bring their case to the state.

According to Kelly, the state's defense of the law did not include a challenge that gender dysphoria is a serious condition medical professionals have recommended surgery as a necessary and effective treatment for both Vasquez and Covington.

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Under the Iowa Administrative Code, DHS prohibits coverage of cosmetic, reconstructive or plastic surgeries “primarily for psychological reasons or as a result of the aging process” or “for the purpose of sex reassignment .” The ACLU also argued that the denial violated the Iowa Civil Rights Act and the Iowa Constitution, because “the same or substantially equivalent treatments” would be allowed for those who don’t have gender dysphoria. It cited the example of a mastectomy. On Wednesday, Gamble sided with the plaintiffs, stating that the DHS did not prove that its exclusion served a substantial

Medicaid in the United States is a federal and state program that helps with medical costs for some people with limited income and resources and is normally reserved for elderly citizens, low-income families, and people with certain disabilities who desperately need healthcare but are unable to pay for it. The high court agreed with a June ruling by Judge Arthur Gamble that a 1995 Iowa Department of Human Services policy denying Medicaid coverage for sex reassignment surgery violates the state's 2007 Civil Rights Act. The act added transgenders to the state's list of protected classes.

He said Medicaid is designed to provide those types of treatments to economically-disadvantaged Iowans, so there is no reason surgery should not be covered.

"Once the medical community determined that surgery is medically necessary to treat this health issue, the government lost its rational basis to refuse to pay for the surgery," Kelly said in a ruling signed on Friday but posted publicly online Monday. "The law appears to draw an arbitrary distinction. So, there is no plausible policy reason advanced by, or rationally related to, excluding transgender people from Medicaid reimbursement for medically necessary procedures."

For more reporting from The Associated Press, see below.

About 12 states exclude the surgeries in Medicaid coverage, 18 specifically include gender-affirming care and others do not address it.

Kelly said state and federal courts in the past 16 years have found that gender identity discrimination is a form of sex discrimination which is prohibited under civil rights laws. He also found the law violated the equal protection clause of the state constitution.

Judge: Iowa Medicaid denial of sex change surgery unlawful

  Judge: Iowa Medicaid denial of sex change surgery unlawful DES MOINES, Iowa (AP) — An Iowa law that prohibits Medicaid coverage for sex reassignment surgeries for transgender residents violates state law and the state constitution, a judge ruled in a decision made public Monday. Judge William Kelly ordered the Iowa Department of Human Services to provide coverage for sex reassignment surgeries when ordered to treat gender dysphoria, a psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity. It often begins in childhood, and some people may not experience it until after puberty or much later, according to the American Psychiatric Association.

Ah, the old strappadictomy. It looks as though that might be less dramatic, partly because they sometimes start by enlarging the clitoris with hormones, then use metoidioplasty to free it from its suspensory ligaments to make it look larger (similar to penis "enlargement" surgery ). I remember seeing a documentary on the BBC many years back. I'm not sure that it showed the surgery - it was more on the personal choices. However one of the participants was happy to show his results, and it looked quite realistic.

(AP) — A federal judge has ordered Wisconsin to pay for the gender reassignment surgery for two transgender Medicaid recipients. Cody Flack, 30, and Sara Ann Makenzie, 41, filed a lawsuit in April, saying a state rule denying coverage for surgeries to treat gender dysphoria violates the Affordable U.S. District Judge William Conley granted a preliminary injunction Wednesday barring enforcement of the rule. He suggested the injunction could be expanded to include any transgender Medicaid patient whose doctor recommends the surgery . "The likelihood of ongoing, irreparable harm facing these two

Rita Bettis Austen, legal director of the ACLU of Iowa, called the decision "a historic win for civil rights" in Iowa.

"It recognizes what we've long known, that transgender Iowans must not be discriminated against, and that they are protected by the Iowa Constitution's guarantee of equal protection, as well as by the Iowa Civil Rights Act," Bettis Austen said.

The ACLU of Iowa filed a lawsuit in April against the state of Iowa challenging a 2019 law that allows Medicaid to deny payment for sex reassignment surgeries for transgender residents.

Vasquez and Covington initially sued in 2017 and a state court judge found the policy violated the Iowa Civil Rights Act and the Iowa Supreme Court in 2019 upheld that decision. The court concluded that Iowa's Medicaid program may not categorically discriminate against transgender people seeking gender-affirming, medically necessary care.

Shortly after the court ruling, Republicans in the Iowa Legislature passed an amendment as part of a last-minute addition to a human services budget bill in response to the court's ruling. That change stated that any government agency in Iowa may decline to use taxpayer money for "sex reassignment surgery" or "any other cosmetic reconstructive or plastic surgery procedure related to transsexualism, hermaphroditism, gender identity disorder, or body dysmorphic disorder."

Judge says Iowa cannot ban Medicaid for sex change surgery

  Judge says Iowa cannot ban Medicaid for sex change surgery A judge has ruled that an Iowa law banning Medicaid coverage for gender confirmation surgery violates state law and the state constitution. In a decision released Monday, Judge William Kelly is requiring the Iowa Department of Human Services to offer Medicaid coverage for sex reassignment surgeries for transgender residents of the state, the Associated Press reported. The ruling follows a nearly five-year process of trying to secure Medicaid access for transgender residents, the American Civil Liberties Union (ACLU) of Iowa said in a press release.

Vasquez and Covington, however, had to take their cases through the Department of Human Services system and apply for surgery, have it denied based on the new law and then again pursue a challenge in court. The Iowa DHS has since denied coverage to them. Vasquez is a transgender man who was diagnosed with gender dysphoria in 2016 and Mika Covington is a transgender woman who was diagnosed with gender dysphoria and began receiving hormone therapy in 2015.

Gov. Kim Reynolds signed the bill into law in May 2019, arguing it only narrowly clarifies that Iowa's Civil Rights Act does not require taxpayer dollars to pay for sex reassignment and other similar surgeries.

Reynolds' spokesman Alex Murphy said she is disappointed by the ruling "and disagrees with the district court's ruling on Medicaid coverage for transgender reassignment surgeries. We are reviewing the decision with our legal team and exploring all options moving forward."

Neverending Nina speaks as Trans employees and allies at Netflix walkout in protest of Dave Chappelle's newest special on October 20, 2021 in Los Angeles, California. In Iowa, a © Rodin Eckenroth/Getty Images Neverending Nina speaks as Trans employees and allies at Netflix walkout in protest of Dave Chappelle's newest special on October 20, 2021 in Los Angeles, California. In Iowa, a "historic win" was scored according to the ACLU of Iowa, as a judge ruled gender reassignment surgery must be covered under Medicaid when it is prescribed as a treatment for gender dysphoria. Rodin Eckenroth/Getty Images

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