Claims that New York state’s new policy on Medicaid funding for sex reassignment surgery falls short because it doesn’t cover cosmetic procedures such as breast augmentation and voice therapy will go forward following a judge’s order. Southern District Judge Jed Rakoff refused to dismiss three claims based on refusal to fully fund the treatment of gender identity disorder or gender dysphoria under the Medicaid program, 14 U.S.C. Section 1396, including refusing surgery for those under 18.
Rakoff also dealt with an issue under the Affordable Care Act, refusing to dismiss a sex-based discrimination claim that says people should be able to pursue cosmetic surgery if it is deemed medically necessary. However he also granted the state’s motion to dismiss on a claim under the act for youth hormone therapy for those under 18.