Alaska Medicaid policy covers transgender-related health care.
Regulations:
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7 AAC 105.130(a)(21)
Text:
"surgical procedures to alter a recipient's body to conform to recipient's gender identity" (effective July 25, 2021)
Decisions:
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Court Decision:
Being v. Crum, No. 3:19-cv-00060-HRH (D. Alaska filed Dec. 30, 2019)
Summary:Three transgender plaintiffs challenged Alaska's Medicaid exclusion under Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116; the comparability and availability requirements of the federal Medicaid Act, 42 U.S.C. §§ 1396a(a)(10)(A)-(B); and the Equal Protection Clause of the U.S. Constitution.
Pursuant to a settlement agreement reached in January 2021, Alaska repealed the exclusion and added affirmative coverage effective July 25, 2021.
Historical Notes:
7 Alaska Administrative Code 105.110(12) formerly excluded "treatment, therapy, surgery, or other procedures related to gender reassignment" and 7 Alaska Administrative Code 110.405(d)(5) formerly excluded "transsexual surgical procedures or secondary consequences."
In February 2020, the Department of Health & Social Services issued a proposed rule to allow coverage for non-surgical services (e.g., hormones and counseling), but retain the exclusion for all transgender-related surgeries. They received public comments.
The exclusions were repealed following the Being v. Crum settlement.
Updated on Jun 29, 2021