Florida ban on Medicaid coverage for gender-affirming care blocked by federal judge

Tallahassee, Florida - A federal judge on Wednesday shot down a Florida rule excluding gender-affirming health care from Medicaid coverage as unconstitutional.

A US judge has struck down a Florida rule barring Medicaid coverage for gender-affirming care.
A US judge has struck down a Florida rule barring Medicaid coverage for gender-affirming care.  © IMAGO / ZUMA Wire

Under the governorship of Ron DeSantis, Florida’s Agency for Health Care Administration (AHCA) in August adopted a controversial rule prohibiting transgender people from using Medicaid to help cover the cost of puberty blockers, hormone therapies, surgeries, or other forms of gender-affirming care.

Two transgender adults and a minor, with the backing of prominent LGBTQ+ rights organizations, responded by filing suit against AHCA officials.

US District Judge Robert Hinkle released a 54-page decision on Wednesday blocking enforcement of the rule and delivering a victory for trans rights activists.

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"Florida has adopted a rule and statute that prohibit Medicaid payment for these treatments even when medically appropriate," Hinkle wrote. "The rule and statute violate the federal Medicaid statute, the Equal Protection Clause, and the Affordable Care Act’s prohibition of sex discrimination."

"These plaintiffs are Medicaid beneficiaries who are entitled to payment, as a matter of medical necessity, for puberty blockers or cross-sex hormones as appropriately determined by their multidisciplinary teams of providers."

Hinkle also suggested the adoption of the rule was politically motivated.

Plaintiff speaks out after decision on gender-affirming care

Floridians protest in support of trans rights during a 2023 Pride parade in St. Pete.
Floridians protest in support of trans rights during a 2023 Pride parade in St. Pete.  © IMAGO / ZUMA Wire

After Hinkle released his ruling, August Dekker, a 29-year-old plaintiff in the case, said he felt "extremely relieved and pleased" by the news.

"Florida's policy effectively denied me the treatment my doctors recommended, because as a low-income Floridian with disabilities, I rely on Medicaid to afford my health care," Dekker said in a statement.

"I am also happy for other transgender Floridians that get care through Medicaid, as now access to that lifesaving, critical care can continue."

The decision came just one day after a federal judge in Arkansas struck down a law banning gender-affirming care for minors.

Cover photo: IMAGO / ZUMA Wire

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