Transgender Medicaid enrollees can proceed with a proposed class action to force West Virginia to pay for gender-affirming surgery, as their claims weren’t barred by the 11th Amendment, a federal court said.
A proposed class of state employees challenging employee health plan policies and practices excluding gender-confirming care also may move forward, as they have standing to raise the claims, the U.S. District Court for the Southern District of West Virginia said.
The 11th Amendment generally bars suits for money damages brought against states by their own citizens in federal court. But a state may waive this immunity by voluntarily ...
Learn more about Bloomberg Law or Log In to keep reading:
See Breaking News in Context
Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.
Already a subscriber?
Log in to keep reading or access research tools and resources.