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  • Current: Alaska Medicaid Regulations And Guidance

Index States With Exclusions [1 of 11] Next

Medicaid Regulations and Guidance

Alaska


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Alaska Medicaid policy excludes transgender-related health care.

Regulations:

  • 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

  • 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:

  • 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.

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Updated on Jun 17, 2020

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