By Kellie Mejdrich (June 22, 2022, 5:18 p.m. EDT) — The Eighth Circuit has asked the U.S. Department of Health and Human Services and Catholic groups to fight over whether employers and health care providers should cover gender-confirmation surgery to explain how an expected HHS rule on the Affordable Care Act’s discrimination prohibitions would affect their case.
The appeals court on Tuesday issued an order outlining a rule, expected to be proposed this month, on how the non-discrimination provisions under ACA Section 1557 apply to decisions coverage of transgender health care. He noted in the order that the New York and District of Columbia district courts had frozen lawsuits challenging the trans health care requirements.
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