The ruling comes after the health plan filed a motion to dismiss a class-action lawsuit brought by two transgender men last year.
West Virginia residents Christopher Fain and Zachary Martell filed a lawsuit against the state’s health plans, Medicaid program and the Public Employees Insurance Agency alleging they were denied coverage for testosterone treatments. Mr. Fain is a Medicaid recipient, while Mr. Martell is a dependent of his husband’s PEIA plan.
Attorneys for Health Plan of West Virginia argued that the company should be dismissed as a defendant because neither plaintiff alleged that their specific health plan was supported by federal funds through the ACA, and therefore not subject to the anti-discrimination aspect of the law, the article stated.
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