Florida Department of Management Service website.

A Florida public defender and a University of Florida researcher claim their state employee health insurance plans illegally discriminate against them by denying coverage for gender reassignment surgery.

The federal lawsuit filed Monday in the Northern District of Florida claims the health plan violates the Civil Rights Act and equal protection clause by explicitly excluding coverage for "gender reassignment or modification services or supplies."

Attorneys with Southern Legal Counsel, the American Civil Liberties Union of Florida and pro bono attorney Eric Lindstrom combined on the filing against the state Department of Management Services, Leon Circuit Public Defender Andy Thomas and UF trustees.

"This is not about special treatment; this is about equal treatment," said lead counsel Simone Chriss of Southern Legal Counsel in Gainesville. "Transgender state employees are singled out and explicitly denied coverage for one reason: They are transgender. That is discrimination, and it cannot stand."

Two transgender women, Assistant Public Defender Kathryn Lane and Jami Claire, a senior scientist at UF's veterinary medical school, are suing the state agencies.

The state sought health insurance plans with a gender reassignment exclusion, and coverage is restricted by the four approved insurance providers, the complaint said.

Claire, a Navy veteran, sought authorization for surgery as part of her transition in December 2018, was denied and appealed. She filed a sex discrimination complaint last June with the U.S. Equal Employment Opportunity Commission and received a notice of right to sue Oct. 21.

"While I have had access to some gender-affirming care at the VA, many transgender state employees and employee dependents have no access to this coverage whatsoever," Claire said in a statement.

Lane was denied coverage for gender-affirming surgery a year ago, appealed and was denied on the basis of the state's exclusion as well as a notation about cosmetic surgery. She also filed an EEOC complaint and received a notice of right to sue.

The complaint maintains surgery is medical necessary for both under the World Professional Association for Transgender Health standards of care.

The American Medical Association and American Psychiatric Association recognize gender-affirming care is medically necessary, and it is covered by most Fortune 500 companies and Medicaid plans in more than 20 states, an ACLU statement said.

The lawsuit assigned to U.S. District Chief Judge Mark Walker seeks an injunction to cease enforcement of the exclusion and bar the exclusion in future state insurance contracts.

"If Florida won't voluntarily join the right side of history, we will gladly facilitate that journey," Chriss  said.

Attorney Daniel Tilley of the ACLU Foundation of Florida in Miami is co-counsel along with Lindstrom of Egan, Lev, Lindstrom & Siwica in Gainesville.

The state attorney general's office, which represents state agencies in litigation, had no immediate response to an email seeking comment on the lawsuit.

Read the complaint: 

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