By Lacie Pierson, Charleston Gazette-Mail
CHARLESTON, W.Va. — 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 against 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 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, or PEIA, in November 2020.
The case is pending in U.S. District Court in the Southern District of West Virginia…