Umm... This is kind of a big deal.

If this ruling stands, it'd mean that basically every health insurance plans in America (because of the health insurance marketplace) would be required to cover everything WPATH SoC8 deems medically necessary.

Which is... *everything*.

Holy crap.

https://www.lambdalegal.org/news/cp_wa_20221219_court-rules-that-bcbs-cannot-administer-health-plans-with-gender-affirming-exclusions

VICTORY: Court Rules that Blue Cross Blue Shield of Illinois Cannot Administer Health Plans with Gender-Affirming Care Exclusions

“Third-party administrators that accept federal funds cannot discriminate when administering employer-sponsored health plans.”

Lambda Legal

So uhh, let's break this down.

The ruling is based directly on Bostock's sex protections. It means that even plans which are fully paid by the employer would be bound by this, as long as whichever company runs the processing takes even one red cent of federal money.

The ruling will definitely be appealed to the SC. But unless Roberts and Gorsuch reverse their positions in Bostock, I think this one stands.

Overwhelmingly, fully funded insurance plans are administered by big corps, like BCBS or Aetna. All of those companies take federal $.

All of them. Because of the Health Insurance Marketplace.

And once the standard is on medical necessity, the definitive worldwide standards is WPATH SoC8. Which, if you want to check coverage, I did a write up a few months ago (https://stainedglasswoman.substack.com/p/what-do-wpath-standards-of-care-8).

Or you can check this list. **Everything's** on it.

What do WPATH Standards of Care 8 actually say?

From The Blue Bird App

Stained Glass Woman

If this ruling stands, it's over.

We won.

Every last fucking transition-related procedure will have to be fully covered, by federal law. No asterisks. No ifs, ands, or buts.

Everything.

@Impossible_PhD I really hate to rain on this parade, because we absolutely deserve a win, but this ruling is only the start, and its scope is very limited.

As of now, it only ensures that folks with
(1) ERISA-backed insurance plans
(2) in the Western District of Washington
(3) who want to have medically necessary gender affirming procedures covered
will be able to have those procedures covered.

@Impossible_PhD

The case does NOT decide what medically necessary care is OR that SOC-8 is an automatic green light, just that you can't have a blanket ban on gender affirming care. The case could (and very likely will) be appealed, and the appellate court could take a very different view on things.

It's a great start for sure! and something that I was really hoping would happen after Bostock. But most insurance providers aren't bound by the decision.

@control_shift_z WPATH is, per BCBS' own internal documentation, the arbiter of medical necessity, so SoC8 is indeed going to be the authoritative document here. Virtually all US insurance plans say the same.

The blanket bans are also common, which make that part of the ruling portable.

And while the judge was in WA, this was a federal judge ruling on an interstate commerce matter, bc the plan and admin were IL. You'll note that every law involved in the judgment was federal.

@Impossible_PhD Even though the Washington court was ruling on an Illinois insurance dispute, the case only has effect in the Western District of Washington. It doesn’t matter that the case relates to interstate commerce or federal law - a District Court’s ruling is only effective in its District.

You’re right - the blanket bans are unfortunately common. This case will be a great resource for arguing inclusivity to other courts!

But, other courts aren’t required to follow it.

@Impossible_PhD Additionally - SoC-8 should absolutely be the arbiter of medical necessity! And many courts have agreed with that, and many companies refer to it as the authoritative document in trans healthcare. But a lot of conservative judges have still found (shitty, unfounded) reasons to rule that medical necessity is “unclear” or that there’s “no medical consensus.”
@Impossible_PhD This is, of course, transphobic horseshit. But unfortunately the legal debate on medical necessity isn’t over yet. So while rulings like this should definitely protect HRT/bottom surgery/top surgery, you can bet that insurance companies will still resist covering things like laser or FFS and folks will have to drag them to court over it.
@control_shift_z HRT and bottom surgery are medically necessary as laid out in the black-letter text of the ACA, though--there isn't anything in any of these cases that meaningfully pertains to them, except that being "fully paid" is no longer a dog leaf.