filed a lawsuit against West Virginia officials on behalf of a Medicaid participant, Christopher Fain, who was denied coverage for gender confirmation surgery. That same lawsuit also previously challenged a similar exclusion contained in West Virginia’s state employee health insurance plan on behalf of two state employees who could not obtain coverage for gender-affirming treatments, either for themselves or their dependents.Lambda Legal subsequently added additional transgender plaintiffs to the case, including Shauntae Anderson.The state employee plaintiffs’ claims were eventually resolved by a 2022 settlement with The Health Plan of West Virginia, Inc., which removed its exclusion on gender-affirming care.The lawsuit subsequently resumed, challenging only the Medicaid exclusion.In August 2022, a federal judge ruled that West Virginia’s Medicaid program could no longer discriminate against transgender recipients by failing to cover the cost of surgical care deemed medically necessary for treating a person’s gender dysphoria.
