HEALTH
Court Won’t Reject Challenge to WV’s Health Insurance
West Virginia does not provide coverage for gender affi rmation surgery
BY ARTHUR S. LEONARD
Lambda Legal’s challenge
to the refusal of West Virginia
to provide insurance
coverage for gender affi rmation
surgery under its Medicaid
program and its health insurance
program for state employees and
their spouses and dependents took
a step forward on May 19 when US
District Judge Robert C. Chambers
denied motions to dismiss by several
of the defendants.
Most signifi cantly, in ruling on
the employee health plan case,
Chambers rejected the state’s argument
that Lambda’s Equal Protection
Claim under the 14th Amendment
was not viable. He also ruled
that the defendants did not enjoy
immunity from liability under the
11th Amendment, and he rejected
the argument that the plaintiffs in
the case could not challenge the
Christopher Fain (left) and Zachary Martell and Brian McNemar (right)
exclusion of coverage because they
had not specifi cally applied for coverage
for the surgical procedure.
He also refused to dismiss the
plaintiffs’ request to certify a class
action, fi nding that the plaintiffs’
allegations are consistent with the
standards governing class action
litigation in the federal courts.
Christopher Fain, a transgender
LAMBDA LEGAL
man, is a participant in
West Virginia’s Medicaid program
through a managed care organi-
➤ WEST VIRGINIA, continued on p.32
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