Court Rules W.Va. Medicaid Not Required To Pay For Gender-Affirming Care

West Virginia Medicaid may exclude coverage for gender-affirming surgeries, according to a recent appeals court ruling.  

The Fourth Circuit Court of Appeals reversed a lower court ruling and held that West Virginia’s policy to deny gender-affirming care does not violate the Equal Protection Clause, the Affordable Care Act or the Medicaid Act...

A district court had sided with the plaintiffs and stopped the state from enforcing its policy. The Fourth Circuit Court of Appeals initially affirmed that ruling, but the U.S. Supreme Court vacated the decision and remanded the case back for reconsideration after its ruling in United States v. Skrmetti, which upheld states’ authority to make policy decisions about medical interventions.