Ariz. Must Share Rationale For Trans Health Care Exclusion

By Amanda Ottaway (September 22, 2021, 6:45 PM EDT) -- Arizona must fork over documents reflecting the decision-making process behind the state health plan's policy of refusing to cover gender-affirming surgery, said a federal judge, siding with a transgender university professor who says the coverage exclusion violates federal discrimination law.

U.S. District Judge Rosemary Marquez on Tuesday affirmed an earlier ruling from a magistrate judge granting Russell Toomey's May 2021 motion to compel production of the documents.

Judge Marquez also slapped down Arizona's appeal from Magistrate Judge Leslie A. Bowman's decision, agreeing with her colleague that the state couldn't hide the documents behind attorney-client privilege because it claimed it maintained the...

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