Update On Gender Affirming Care In Florida

We have been watching recent developments as courts around the country have been wrestling with legislation banning gender affirming care, and we notified you that a Florida federal court had preliminarily enjoined that state's restrictions and indicated a ruling was expected soon in the Dekker v. Weida case challenging the constitutionality of Florida's prohibition on Medicaid coverage for certain gender-affirming care.

The Dekker court issued its ruling on June 21, 2023, declaring "Florida Statutes § 286.31(2) and Florida Administrative Code rule 59G-1.050(7) are invalid to the extent they categorically ban Medicaid payment for puberty blockers and cross-sex hormones for the treatment of gender dysphoria" and enjoined their enforcement. The Court then entered judgment and closed the file, setting the stage for an appeal by the state. Although the Plaintiffs in Dekker also challenged Florida's ban on surgeries provided to treat gender dysphoria, the Court concluded that there was no live dispute as to that ban because no Plaintiff sought surgery. Thus, the June 21, 2023 order still leaves open the potential for enforcement of the law as to surgeries provided to treat gender dysphoria.

We will continue to keep an eye on this rapidly-developing area of the law and how it may affect our managed care clients. We are also pleased to announce that we are in the final stage of developing technology that tracks real-time, state-specific developments in gender-affirming care laws. We are excited to provide our managed care clients an opportunity to access this valuable tool during a period of rapid legal change. An announcement with more information about the state-law tracker will be circulated in the near future. Please contact us if you have any questions at this time.

Newsflash 2023-140

This article is presented for informational purposes only and is not intended to constitute legal advice.