CHARLESTON, W.Va. –The Fourth Circuit Court of Appeals reversed a lower court ruling and held that West Virginia Medicaid may exclude coverage for gender-affirming surgeries.
The decision in the case Anderson v. Crouch, was announced Tuesday afternoon. The court also found that the state’s policy does not violate the Equal Protection Clause, the Affordable Care Act, or the Medicaid Act.
“As the former West Virginia Attorney General who spent years defending common-sense policies that protect women and ensure responsible use of taxpayer dollars, I’m grateful the court recognized West Virginia’s authority to set reasonable limits on taxpayers funded healthcare,” Governor Patrick Morrisey said in a news release. “States have a responsibility to manage public programs responsibly, and today’s ruling is an important victory for common sense and the taxpayers of West Virginia.”
The case was brought after someone challenged West Virginia’s decision not to reimburse Medicaid beneficiaries for surgical procedures to treat gender dysphoria.
In the case, the plaintiffs had alleged that by excluding this converge they were violating the Equal Protection Clause, the Affordable Care Act, and Medicaid Act.
Prior to this decision a circuit court judge had sided with the plaintiffs in the case and so did the Fourth Circuit, however the U.S. Supreme Court vacated that decision and remanded the case back for reconsideration after its ruling in the United States v. Skrmetti, which upholds the states’ authority to make policy decisions about medical interventions.
After the case was remanded back to the Fourth Circuit, they found that West Virginia Medicaid had legitimate reasons for the exclusion, including concerns of cost, medical efficacy, and the safety of the procedures.
“This is a big win for West Virginia taxpayers who pay the bill for Medicaid, a much needed and utilized program. As good stewards of taxpayer dollars, the state should not be footing the bill for unproven, non-essential medical procedures,” Attorney General JB McCuskey said in a statement. “Simply put, the Constitution does not compel states to fund sex reassignment surgeries. Every dollar spend on these unproven procedures takes away funding that could be used to treat cancer, heart disease, and diabetes. I’m pleased the Fourth Circuit finally agrees that our policy does not discriminate and provides the best service for all the state’s Medicaid participants.”