West Virginia Attorney General Patrick Morrisey is asking the U.S. Supreme Court to review rulings that found the state’s refusal to cover certain health care for transgender people with government-sponsored insurance as discriminatory. The 4th Circuit Court of Appeals ruled in April that West Virginia Medicaid’s coverage exclusions for gender-affirming surgery discriminate based on sex and gender identity. Morrisey argued that the state’s limited resources should be used to meet the needs of the population, including those with heart disease and diabetes.
LGBTQ+ advocacy organization Fairness West Virginia criticized Morrisey’s decision to appeal, stating that the state has a moral obligation to care for its vulnerable citizens. They argued that underfunding the Medicaid program is the real issue, not providing coverage for gender-affirming care. Morrisey also defended the state’s position by stating that there is limited long-term research on gender-affirming surgery and the state must prioritize spending on various medical conditions.
In August 2022, a federal judge ruled that West Virginia’s Medicaid program must provide coverage for gender-affirming care for transgender residents. This decision followed a settlement with The Health Plan of West Virginia Inc. in 2022, which led to the removal of the exclusion on gender-affirming care in that company’s plans. Both West Virginia and North Carolina are asking the U.S. Supreme Court to take up their cases regarding coverage for gender-affirming care. The case represents the latest in a series of legal battles across the country over government-sponsored coverage of gender affirming medical care.
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