Nathan Ebnet,left, and Nicholas Pappas,right, of Dorsey & Whitney. Courtesy photos Employer Liability for Excluding Health Coverage for Gender Affirming Care
In this article, we provide an overview of the law governing the availability of gender affirming care, we discuss how the law affects benefit plans, and we offer practical suggestions for employers as they evaluate how to structure their health care benefit plans.
August 01, 2023 at 11:41 AM
9 minute read
Employment Law
In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. Some states enacted affirmative legal protections for patients and providers (e.g., Colorado, Illinois and Minnesota) while others sought to restrict or prohibit services available in their states (e.g., Alabama, Arkansas and Florida). Within the past two years alone, more than 30 states have enacted legislation regarding gender affirming care. Litigants continue to challenge many of these laws in court.
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