West Virginia AG argues against Medicaid coverage of sex reassignment surgeries

West Virginia wants an appeals court to overturn a ruling about whether the state needs to cover sex reassignment surgeries under Medicaid.

A federal district court recently ruled West Virginia could not eliminate coverage of sex-reassignment surgeries because it violates the United States Constitution’s Equal Protection Clause.

“We are asking the appeals court to overturn the district court’s flawed decision because under Medicaid, states have wide discretion to determine what procedures their programs can cover based on cost and other concerns,” West Virginia Attorney General Patrick Morrisey said.

His office claimed the procedures, such as chest surgeries and vaginoplasties, can cost tens of thousands of dollars and state’s should have wide discretion on what procedures are covered under Medicaid, with most states choosing not to cover the procedures.

“Taxpayers should not be required to pay for these surgeries under Medicaid—our state should have the ability to determine how to spend our resources to care for the vital medical needs of our citizens,” Morrisey said.

Morrisey’s office said West Virginia contributed $771 million to Medicaid in the state in financial 2021 with the total budget including federal funds exceeding $4 billion.

Morrisey said the U.S. military health insurance also excludes coverage of the procedures.