The Department of Health and Human Services’ Departmental Appeals Board, an internal review structure within the byzantine federal agency, issued a ruling that ended a ban on Medicare even considering covering sex reassignment surgery and related care because a fear of “serious complications” resulting from the “experimental” surgery. That language was issued in 1981, and most medical professional organizations now consider sex reassignment surgery a safe and accepted procedure. The DAB ruling noted the change in how sex reassignment surgery is understood 33 years after the Medicare ban was issued.
“Even assuming the [National Coverage Determination]’s exclusion of coverage at the time the NCO was adopted was reasonable, that coverage exclusion is no longer reasonable,” reads the ruling. “This record includes expert medical testimony and studies published in the years after publication of the NCO.”
“Denying Medicare coverage of all transsexual surgery as a treatment for transsexualism is not valid under the “reasonableness standard” the Board applies,” the HHS board ruling continues.
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