Posted on 06/07/2018 10:17:43 PM PDT by iowamark
An Iowa court has determined that the state’s ban on Medicaid coverage for medically necessary surgical care for transgender residents is unconstitutional.
Chief District Judge Arthur E. Gamble of the Des Moines-based Fifth Judicial District of Iowa found that the Iowa Department of Human Services’ ban on surgical coverage violates both the Iowa Civil Rights Act and the state’s constitution. In his opinion, Gamble ordered DHS to immediately approve the women’s request for pre-approval of coverage under Medicaid.
Both women, Carol Ann Beal, 42, of northwest Iowa, and EerieAnna Good, 27, of the Quad Cities, have been diagnosed with gender dysphoria and legally changed their names, and had their birth certificates, driver’s licenses, and Social Security cards changed to reflect their correct names and gender identity. Both women also began hormone therapy, and were advised by their doctors to pursue surgery for treatment of their gender dysphoria.
Iowa’s DHS office rejected both women’s requests for coverage, citing the ban. Afterwards, the women enlisted the help of the American Civil Liberties Union and ACLU of Iowa, and sued, arguing that the ban was unconstitutional.
Lawyers from the ACLU and ACLU of Iowa pointed out that Medicaid otherwise provides coverage for medically necessary surgeries utilized by transgender people, that would normally be covered had the individual in question been cisgender. Gamble echoed this in his opinion. “DHS does not explain why the medical necessity of requests for sex reassignment surgeries could not simply be evaluated under the same criteria as other requested surgeries or treatment of non-transgender individuals,” he writes. “Petitioners have provided clear medical documentation outlining the medical necessity of their requested procedures. Thus, the Court sees no reason why DHS and the MCOs need an additional and indefinite period of time to develop new and separate criteria for evaluating requests by transgender individuals as opposed to simply applying the existing criteria.”
“Today’s decision is historic for civil rights in Iowa, because it recognizes for the first time in a court decision what we’ve long known, that transgender Iowans are protected by the Iowa Constitution’s guarantee of equal protection, as well as by the Iowa Civil Rights Act,” Rita Bettis, the legal director of the ACLU of Iowa, said in a statement.
“We are so relieved for our brave clients that they can finally get the gender confirming surgical care that all their doctors agree is medically necessary for them,” Bettis added. “We are honored to represent them in their long journey for themselves and for all other transgender Iowans to be treated equally and fairly under the law.”
In 2014, the U.S. Department of Health and Human Services invalidated its ban on Medicare coverage for surgery and other transition-related care. Since then, several states have begun eliminating their state Medicaid bans on transition-related surgery, and individuals in other states, including Minnesota and Wisconsin, have sued their state health departments to eliminate the Medicaid exclusion.
“The court has brought Iowa in line with the current understanding of the critical needs for transgender people,” John A. Knight, a senior staff attorney with the national ACLU, said in a statement. “By recognizing and rejecting the historic discrimination faced by transgender people, the court is opening the door to the life-saving medical care and necessary gender-affirming treatment that transgender people are too often denied.” The court found that when the Medicaid ban was first implemented more than two decades ago, much less was known about gender dysphoria, and gender identity was not protected under the Iowa Civil Rights Act. Gender identity (as well as sexual orientation) has since been added as a protected class, and the Iowa Constitution guarantees equal protection for all Iowa residents, regardless of characteristics that are covered in the Civil Rights Act. Therefore, the court had no choice but to find the ban unconstitutional.
“We are thrilled that our state’s unconstitutional ban on transition-related surgical care has been struck down,” Daniel Hoffman Zinnel, the executive director of LGBTQ rights organization One Iowa, said in a statement. “Through our work with transgender Iowans, we have seen firsthand how powerful, life-changing, and absolutely essential gender-affirming surgery can be for transgender people grappling with gender dysphoria. This decision will, quite literally, save lives.”
“This has been a long time coming,” Beal said in a statement. “I’m so glad I can get the care I need, and I’m glad that other Iowans can now get the same care. Transition-related care is a medical issue, plain and simple. It’s like any other surgery that a doctor would recommend for you or a family member. Public or private insurance would pay for it, and you’d just do it and move ahead with your life.
“I look forward to the day when someone fighting to get the transition-related medical care they need isn’t in the news because they had to go to court to fight for it. But I’m doing it because someone needs to be the trailblazer here,” she added. “I want to make it easier for the younger people who need this surgery, so they don’t have to go through the struggles I have had to go through.”
How is a boob job and changing genitals to look like the other sex a “medically necessary” surgery that we should all pay for?
It would appear you need a more sexually-oriented prosthetic...
I wonder if you contacted the ACLU would they help you. Sometimes I think conservatives need to use the evil organizations since they are the. Maybe if conservatives begin using them, liberals will turn of them and finally we can rid ourselves of them. Fight fire with Fire.
If you showed the Founding Fathers this story, they’d think we have gone insane on so many levels.
This is treating mental illness with surgery.
This is like treating anorexia with bariatric (stomach-reduction) surgery.
Oh, really? So there actually are buildings taller than 7 stories in Iowa? Wow... who knew? Jeepers, dude - it was tongue in cheek.
Iowa court finds Medicaid ban on trans-species surgery is unconstitutional
Metro Weekly
| 6/7/18 | Rin T. Tin
An Iowa court has determined that the state’s ban on Medicaid coverage for medically necessary surgical care for trans-species pets is unconstitutional.
Chief District Judge Wynot Gamble of the Des Moines-based Fifth Judicial District of Iowa found that the Iowa Department of Human Services’ ban on surgical coverage violates both the Iowa Animal Welfare Act and the state’s constitution. In his opinion, Wynot Gamble ordered DHS to immediately approve requests by both doggies for pre-approval of coverage under Medicaid.
Both bitches, Princess Beal, 7 (42 in human years), of Crab Town Iowa, and Lassie “Good Dog” Good, 4 (27 in human years), of Unique Iowa, have been diagnosed with species dysphoria and legally changed their names, and had their AKC certificates, pet’s licenses, and veterinary shot cards changed to reflect their correct names and species identity. Both bitches also began hormone therapy, and were advised by their doctors to pursue surgery for treatment of their species dysphoria . . .
One more way for a corrupt blackrobe to bankrupt the country. Who would think that taxpayers would be forced to pay such a fee for these mentally deranged members of the pervert alliance. And when, will normal people stop calling them gay?
It’s genital mutilation that was initiated by ancient tribes and Muslims.
Sigh. The problems created when governments pretend things to be true that aren’t true. Slavery, holocaust, abortion, and now queer nonsense.
So you have a Constitutional Right to have me pay for you to mutilate yourself? Nonsense! The writers of the Constitution would smack you upside your silly head!
This is a MENTAL CONDITION.
There is nothing surgery can “fix”.
People!
Wake up!
Your tax money is paying for this crap!
Why is an "addadictomy" deemed "medically necessary surgical care"?
Transgender silliness is a mental problem.
Why is this conversation even necessary?
My country is sick.
I wonder how anybody could possibly know this.
More judges who need to be beaten down in the streets.
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