Monday, July 27, 2009

Federal Judge Says State Not Obligated to Pay for Sex-Change Surgery

Joel Stashenko
New York Law Journal
July 28, 2009

New York state is not obligated to pay for gender reassignment surgery for a Medicaid recipient, even though it provided coverage for individual procedures that are necessary preliminaries to the change, a federal judge in Buffalo has determined.

Western District of New York Judge Charles J. Siragusa in Rochester ruled that Morgana Ravenwood's constitutional rights under the 14th Amendment were not violated by the denial of coverage.

He also refused to order state Health Commissioner Richard F. Daines to rescind 18 N.Y.C.R.R. §505.2(l), the 1998 law prohibiting state Medicaid funding for "care," "services" or "drugs" related to gender reassignment surgery.

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