Kaiser Foundation Health Plan of Washington recently reversed their blanket policy excluding breast augmentation as a treatment for gender dysphoria, the clinical diagnosis for transgender men and women. The Office of the Insurance Commissioner found that the policy discriminated against transgender women since chest reconstruction for transgender men and cisgender women following mastectomy would be covered by Kaiser. The Affordable Care Act requires insurers to cover services for transgender individuals if they cover the services for cisgender individuals.
Ten states continue to categorically exclude coverage for gender-confirming care transgender individuals on Medicaid. A recent preliminary injunction in Wisconsin prohibited the Wisconsin Medicaid program from enforcing its sweeping ban on medically necessary gender confirming treatments against two Wisconsin transgender residents. The court based its injunction on preliminary findings that Wisconsin’s Medicaid regulation discriminates against low-income transgender individuals, preventing the plaintiffs from accessing medically necessary treatments for gender dysphoria.