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Tuesday, May 7, 2024

Firefighter sues to have insurance pay for gender-affirmation surgery

Lawsuits
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Robinette | LinkedIn

PHILADELPHIA - A Philadelphia firefighter says she was blocked from gaining insurance benefits to pay for her gender-affirmation surgeries and became suicidal.

A lawsuit was filed Jan. 31 in Philadelphia federal court against the City of Philadelphia, Independence Blue Cross, and Firefighters & Paramedics Local 22, among others, by a transgender woman identified as Jane Doe. The plaintiff is a Battalion Chief who has worked for the City of Philadelphia for nearly three decades. 

She alleges that she has been intentionally discriminated against on the basis of her gender identity.

The complaint, filed by attorney Justin Robinette, claims that the defendants operate a categorical plan exclusion for gender-affirming care and treatment. This includes facial feminization surgery (FFS) for transgender women suffering from gender dysphoria.

Despite previous lawsuits and a federal district court decision stating that such procedures should be considered medically necessary and covered services, Independence Blue Cross refused to provide coverage for Doe's FFS. The plaintiff alleges that this refusal was based on societal norms rather than her self-identified gender.

Doe further claims that she was forced to face unnecessary obstacles to secure coverage for her medically-necessary gender-affirming care and treatment. As a result of not being able to undergo FFS, Doe says she experienced difficulty functioning at work and in public due to being constantly misgendered. She also contemplated suicide.

Doe is seeking compensatory and punitive damages against the defendants as well as coverage for future medical expenses related to FFS, hair transplant, and other related procedures.

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