Court says state has to pay for transgender surgery

Rita Bettis, Legal Director of the ACLU of Iowa calls it a "historic" decision. 

A Polk County Judge has ordered the state of Iowa to stop blocking Medicaid from paying for two womens' transgender surgeries. 

Judge Arthur Gamble ruled that the denial of transgender surgeries for EerieAnna Good and Carol Ann Beal violates the equal protection clause of the Iowa constitution.

In September of 2017, the ACLU filed the lawsuit on behalf of the two women. Both were denied Medicaid payment of their transgender surgery care by the managed care organization and the director of the Iowa Department of Human Services based on an administrative rule denying payment for transgender surgery.

The lawsuit appealed that rule, and Judge Gamble's ruling applies only to transgender surgery payment by Medicaid.  

ACLU of Iowa officials wouldn't say if the two women plan to schedule the surgery right away.  The judge's ruling says the Iowa DHS should not delay medical care for them.

The state of Iowa has 30 days to appeal to the Iowa Supreme Court, which could enter an order blocking the surgeries.  So far there's been no word if the state will file that appeal.


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