Health Plan Wants Out Of Trans Benefits Coverage Lawsuit

Law360 (January 12, 2021, 5:14 PM EST) -- A West Virginia health plan says is should not have to face a proposed class action challenging state provisions that deny coverage for transgender people, saying it doesn't have to conform with the Affordable Care Act's nondiscrimination clause.

The Health Plan of West Virginia Inc. on Monday moved to dismiss itself as a defendant in a suit claiming it wrongly denied Zachary Martell, the husband of state worker Brian McNemar, treatment for gender dysphoria. While the suit accused the health plan of flouting the ACA's prohibition on sex discrimination, the plan said it doesn't have to abide by that prohibition since...

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