Our Legal and Policy Work
Health
Transgender people, like all people, deserve skilled and compassionate health care. Knowledgeable care can mean the difference between life and death for members of our community. Improving our access to the health care system through changes in law, policy, and attitudes is a top priority for Transgender Law Center. We work to improve access to health care and the quality of that care through provider and community education, litigation, and policy research and advocacy. TLC has been a leader in efforts to secure non-discrimination in Medicaid and private insurance at the state level and in Medicare nationwide.
Legal Cases
Prescott v. Rady Children’s Hospital-San Diego, 2016
Status: Pending
On September 26, 2016, Katharine Prescott, the mother of a transgender teenage boy who was admitted into Rady Children’s Hospital-San Diego (RCHSD) for inpatient care, filed a lawsuit against the hospital for discrimination against her son. Katharine is represented by Transgender Law Center, the National Center for Lesbian Rights, and attorneys at Foley & Lardner LLP. Katharine Prescott took her 14-year-old son, Kyler Prescott, to RCHSD in early April 2015 for suicidal ideation and for treatment of his serious self-inflicted injuries following an incident of transphobic harassment by his peers. The hospital discriminated against Kyler by repeatedly referring to him as a girl, traumatizing him though they were aware that he was a transgender boy and Katharine made clear several times that he must be treated as male.
2016
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2016
Status: Victory!
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2015
Status: Victory!
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2015
Status: Victory!
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2015
Status: Victory!
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2014
Status: Victory!
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2012
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Policy & Advocacy
Many transgender people face barriers to accessing affirming, affordable care. Whether the issue is a lack of educated providers or insurance companies denying life-saving care, gaps in public health policy are often the culprit. In the last few years, we’ve made major headway in eliminating these policy barriers. Here are some highlights and tools you can use.
In 2012, California became the first state to ban the widespread insurance practice of line-item exclusions for transition-related care. Since then, departments regulating health insurance in 15 more states have issued statewide non-discrimination bulletins, which eliminate the discriminatory practice of line-item exclusions for all transition-related care. These states are Colorado, Connecticut, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, Nevada, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington. Some states, like California, have issued follow-up statements clarifying that no treatments can be categorically excluded, and that insurers must consider the medical necessity for each patient on a case-by-case basis. You can read the California Department of Managed Health Care’s clarification (“All-Plan Letter”) from 2015 here. To understand how these bulletins can help you, check out our guide to appealing health care denials.
In 10 states, Medicaid programs have explicit non-discrimination protections as well (California, Connecticut, the District of Columbia, Illinois, Massachusetts, Maryland, New York, Oregon, Vermont, and Washington).
In May 2016, the federal Department of Health and Human Services issued regulations on section 1557 of the Affordable Care Act, which is the non-discrimination section. These regulations included specific, detailed language that says discrimination based on gender identity is illegal under federal law. To read more about what this means for you, check out our fact sheet.
As old barriers fall, new ones emerge, and Transgender Law Center is dedicated to developing innovative solutions with our partners in clinical practice, advocacy, and government, so that victories in public policy translate to lived experience.
2016
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2015
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2015
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Find Legal and Policy Work By Issue Area:
- Are you #ACApositive? April 30, 2018
- Trans people living with HIV take back health care debate with #ACApositive April 30, 2018
- Health care discrimination because you’re trans? Share your story February 6, 2018
- Policy Desk: HHS rule encourages discrimination January 18, 2018