The lawsuit alleges that Aetna has denied the three women 'health insurance coverage for medically necessary gender-affirming facial reconstruction surgeries and procedures...under Aetna's categorical coverage exclusion on such treatment' in violation of Section 1557 of the Affordable Care Act, which prohibits 'discrimination on the basis of sex in federally funded health programs and activities.'
For Plaintiffs and others like them, [gender-affirming facial reconstruction surgery] is an essential component of their gender transition and medical treatments for gender dysphoria,' the suit argues. 'Plaintiffs' medical providers recommended GAFR to treat their gender dysphoria and related distress—and, as a result, to improve their overall life-functioning and well-being.
The lawsuit represents a push against systemic discrimination within the healthcare system, highlighting the disparities faced by LGBTQ+ individuals, particularly transgender women, in access to necessary medical treatments.
Until now, LGBTQ+ people faced a 'queer tax' that heterosexual couples experiencing infertility did not, signaling a significant inequity in how medical coverage is provided based on sexual orientation and gender identity.
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