Kadel, et al. v. Folwell, et al.
Overview
(U.S. Court of Appeals for the 4th Circuit, April 29, 2024): The Fourth Circuit Court of Appeals found that state Medicaid programs that deny coverage for certain gender-affirming care are violating the Equal Protection Clause of the U.S. Constitution and federal statutes. Medicaid programs in North Carolina and West Virginia refuse to cover gender-affirming care, including mastectomy and hormone therapy, despite covering that same care for other purposes, such as breast cancer or menopause management. The Fourth Circuit held that these programs discriminate on the basis of gender identity and sex in violation of the Equal Protection Clause. The programs also violate the anti-discrimination provisions of the Affordable Care Act as well as certain provisions of the Medicaid Act. As a result, the North Carolina and West Virginia programs must cover gender-affirming care consistent with coverage of that care for other purposes. Read the full decision here.
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