Bloomberg Law
April 4, 2019, 11:00 AM

Gender Transition Surgery Covered by More Employer Plans

Elliott T. Dube
Elliott T. Dube

While women who need a hysterectomy typically have insurance to cover the cost of the procedure, those who need it as part of gender reassignment surgery can be on the hook for thousands of dollars. But that’s changing as litigation forces more employer-sponsored health plans to stop excluding coverage for gender-confirming operations.

  • Illegal Bias Argument: Transgender patients’ lawsuits are succeeding under theories that coverage-denying employers are violating Title VII’s ban on workplace discrimination and Obamacare’s prohibition of health-care discrimination.

  • State Laws Changing: The American Medical Association considers gender dysphoria treatment a medical necessity, and states are starting to pass laws ...