Alaska Medicaid policy excludes transgender-related health care.
Regulations:
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7 Alaska Administrative Code 105.110(12) Noncovered services
Text:
Unless otherwise provided in 7 AAC 105 - 7 AAC 160, the department will not pay for a service that is for ... (12) treatment, therapy, surgery, or other procedures related to gender reassignment
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7 Alaska Administrative Code 110.405(d)(5) Physician services coverage and limitations
Text:
The department will not pay for the following services provided by a physician: ... (5) transsexual surgical procedures or secondary consequences
Decisions:
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Court Decision:
Being v. Crum, No. 3:19-cv-00060-HRH (D.Alaska filed Dec. 30, 2019)
Summary:Case pending. Three transgender plaintiffs are currently challenging 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.
Notes:
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.
Updated on Jun 17, 2020