On August 2, 2022, West Virginia Federal District Court Judge Robert Chambers struck down as unconstitutional a West Virginia Medicaid policy, which had been in place since 2004, because it discriminated on the basis of sex and transgender status. Specifically, the State Medicaid Program did “not afford coverage for gender-conforming surgical care for treatment for gender dysphoria,” although it did provide coverage for “the same or similar surgical treatments … when the diagnosis requiring that treatment is not gender dysphoria.” Judge Chambers concluded that this policy violated the Equal Protection clause of the Fourteenth Amendment, the Affordable Care Act and the Medicaid Act.
On the same day, Judge Chambers also certified a class action for “all transgender people who are or will be enrolled in West Virginia Medicaid and who are seeking or will seek gender-conforming care.” If you or a loved one believe you have a class claim, or if you have questions concerning other transgender rights, contact us at Kahle Law Office and we will do our best to assist you.