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Federal judge rules private insurance company is subject to anti-discrimination provision of Affordable Care Act


A federal judge last week ruled that The Health Plan of West Virginia is subject to compliance to a specific provision under the Affordable Care Act that prohibits sex discrimination, including transgender Americans.
The Health Plan of West Virginia is a private company that provides health insurance services for the state. U.S. District Judge Robert “Chuck” Chambers on June 28 denied a motion from The Health Plan to dismiss a lawsuit from two transgender men who say their state-funded health insurance won’t cover hormone replacement therapy solely because they are transgender.
Christopher Fain and Zachary Martell filed a lawsuit challenging blanket exclusions of coverage for gender-confirming health care in West Virginia’s health plans, the state’s Medicaid program and the Public Employees Insurance Agency, most commonly called PEIA, in November 2020. ....

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