Federal appeals court considers Florida’s Medicaid ban on gender-affirming care • Florida Phoenix

Nearly seventeen months after a federal judge lifted Florida’s ban on Medicaid reimbursement for gender-affirming care, the case will be heard by a federal appeals court.

The U.S. Court of Appeals for the Eleventh Circuit will hear oral arguments on Nov. 22 in Atlanta before a panel of three judges: Barbara Lagoa, Kevin Newsom and Jill Pryor. Lagoa, who once served on the Florida Supreme Court, and Newsom were appointed by former President Donald Trump, while Pryor was appointed by former President Barack Obama.

U.S. District Judge Robert Hinkle ruled in June 2023 against both a rule and a state law that bars Medicaid dollars from being spent on care such as puberty blockers and cross-sex hormones as treatment for gender dysphoria. The lawsuit was filed against the state by a coalition of groups, including Lambda Legal, Southern Legal Counsel and Florida Health Project, on behalf of four transgender people, two of whom are adolescents.

The lawsuit alleged that the ban was unconstitutional and also violated federal health care laws, including the Affordable Care Act. They pointed out that Florida previously covered certain types of gender-affirming care.

Comply with Medicaid requirements

The case has attracted widespread attention from other states and a range of groups, as well as the federal government. Although Trump has won back the White House, attorneys from the U.S. Justice Department’s Civil Rights Division and the U.S. Department of Health and Human Services asked in late October to present arguments on behalf of those who sued Florida at next week’s hearing.

“The United States has a strong interest in states complying with Medicaid requirements,” said the Oct. 31 request, which was granted by the court. “The United States believes that its participation in the arguments before this court will be helpful in properly applying the requirements of the Medicaid statute.”