In 2022, a court found that a sheriff’s office policy denying gender-affirming care was discriminatory.
ATLANTA — A panel of appeals court judges has found that the Houston County Sheriff’s Office discriminated against transgender employees in its health insurance plan. The 11th Circuit Court of Appeals issued the ruling on Monday..
They say Anna Lange, a transgender sheriff’s office employee, was discriminated against after she was denied insurance coverage for “medically necessary” gender reassignment surgery simply because she is transgender. It has been found.
A federal appeals court found that “the plan intentionally creates exclusions based on transgender status by drawing a line between gender reassignment surgery and other surgeries.” “Lange’s gender is closely tied to her rejection of gender-affirming reporting.”
Lange was previously ordered to pay $60,000 in restitution by the U.S. Middle District of Georgia in 2022, but the sheriff’s office subsequently appealed to the 11th Circuit Court of Appeals.
Lange has worked for the sheriff’s office since 2006, but when he transferred in 2017, he encountered problems with county insurance.
Although her doctors recommended “medically necessary” gender reassignment surgery, the Sheriff’s Office’s health insurance includes “services and supplies for gender reassignment and/or gender reversal” and “gender reassignment surgery.” It was stated that “medications for surgery” were not covered.
According to the U.S. Department of Justice, Lange previously paid for hormone replacement therapy and breast surgery out of pocket because she knew the county’s insurance wouldn’t cover them.
Lange postponed gender reassignment surgery, which costs $20,000, but an endocrinologist, two psychologists and a surgeon recommended the surgery. So she sought surgery and requested that it be covered by the county’s health insurance.
The county’s health insurance company, Blue Cross Blue Shield, initially approved the surgery as “medically necessary” under the insurance company’s guidance, according to the Department of Justice. But when the county pointed to this provision in the policy, it denied coverage to Mr. Lange.
A federal appeals court found that the Houston County Sheriff’s Office’s policy was “facially discriminatory” because it treated coverage for transgender issues differently than other medically necessary treatment. .
In documents filed by the Department of Justice with the 11th Circuit Court of Appeals, the county’s health care provider, Anthem Blue Cross Blue Shield, had previously recommended that the county lift the exemption. , notes that the county rejected that recommendation.
The Department of Justice joined the lawsuit against the Houston County Sheriff’s Office as an “amicus curiae,” or friend of the court, because it had a vested interest in properly enforcing federal antidiscrimination laws.
The Justice Department said in its filing that many procedures used as part of gender-affirming care are also covered in other medically necessary situations, such as hormone replacement therapy for menopause.
“Thus, given the “indisputable” fact that the plan’s contested provisions deny coverage of “transgender members only,” the court finds that the plan discriminates facially on the basis of gender. “We have determined that
The Eleventh Circuit Court of Appeals upheld a previous court’s decision and agreed that Houston County could not enforce its ban on gender-affirming care coverage.
A federal appeals court ruled that “the plan denies health coverage based on transgender status because transgender individuals are the only plan participants eligible for gender reassignment surgery.”
Lange’s attorney previously said the county spent more than $1 million on the case. At this time, it is unclear whether the county will appeal the 11th Circuit Court of Appeals’ decision to the U.S. Supreme Court or whether the high court will hear the case.
