W.Va. Worker Looks To Keep Fighting Plan's Trans Care Ban

Law360 (February 17, 2021, 3:38 PM EST) -- A West Virginia state employee and his husband have urged a federal judge to preserve their challenge to the state health plan's refusal to cover gender dysphoria treatment, saying they've successfully argued the denial of care violates the Affordable Care Act and the Constitution's equal protection clause.

Brian McNemar and his husband, Zachary Martell, asked U.S. District Judge Robert Chambers on Tuesday to toss motions to dismiss filed by the director of West Virginia's health insurance program for state employees and The Health Plan of West Virginia Inc., which contracts with the program to provide insurance.

The health plan's motion to...

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