D.H. and John Doe are transgender teenagers who require male chest reconstruction surgery to treat their gender dysphoria. Arizona is refusing to cover this medically necessary treatment because of a categorical exclusion on covering surgical treatments for gender dysphoria in the state’s Medicaid regulations. That discriminatory exclusion violates well-established standards of care and federal law.
On August 6, 2020, the National Center for Lesbian Rights (NCLR) and the National Health Law Program (NHeLP), along with co-counsel King & Spalding LLP and Perkins Coie LLP, filed a class-action lawsuit challenging Arizona Medicaid’s categorical exclusion for surgical treatment for gender dysphoria. The complaint alleges that the categorical exclusion violates the EPSDT and comparability requirements of the Medicaid Act, Section 1557 of the Affordable Care Act, and the Equal Protection Clause of the United States Constitution.
Because this exclusion is causing D.H. and John to experience serious physical and psychological harm, we also filed a Motion for Preliminary Injunction. That motion asks the Court to order AHCCCS to cover male chest reconstruction surgery for D.H. and John while the case is pending.