Judge says Florida still denying Medicaid coverage for gender dysphoria treatments
A federal judge on Wednesday said that Gov. Ron DeSantis’ administration seems to acknowledge broadly denying Medicaid coverage for gender dysphoria treatments, despite a previous court ruling that said the state could not categorically ban Medicaid for such medical care.
But U.S. District Judge Robert Hinkle declined a request by a group of transgender plaintiffs to issue a motion enforcing his judgment while the state appeals Hinkle’s June ruling.
In his order on Wednesday, Hinkle said the state “apparently” acknowledges that it is continuing to deny every application solely because it has to do with gender dysphoria.
The plaintiffs had alleged in an October court filing that the Agency for Health Care Administration was still denying coverage of hormone therapy for transgender patients and telling health care groups to stop covering the treatments.
Hinkle, in his ruling, said the state claims its actions are not a categorical ban because applicants can still apply for a waiver to be exempted.
“If, other than in this litigation, the defendants have told any patient, health plan, or provider that waivers may be available, the record does not reflect it,” Hinkle wrote in his order. “If, other than in response to this motion, the defendants have acknowledged their obligation to comply with the declaratory judgment while it remains in effect, the record does not reflect it.”
Hinkle added that the state’s approach was, if not disobedient, “at least too clever by half.”
The judge did note that the state appears to be covering treatment for the four initial plaintiffs in the case.
Hinkle wrote in his order that if the case were not on appeal, further relief “might well be warranted.” But he said modifying or clarifying a case that is on appeal is problematic. He also said that an Eleventh Circuit decision out of Alabama dealing with a similar prohibition on medical treatments for gender dysphoria would need to be contemplated.