The American Civil Liberties Union and the American Civil Liberties Union of Colorado filed a discrimination charge against InnoSource Inc. on behalf of Dashir Moore, a 32-year-old transgender man who was denied health care coverage for treatment of gender dysphoria and subsequent transition-related care. Insurance carve-outs for transition-related care are illegal, yet two days after his surgery Mr. Moore was informed that his insurance company had denied the claim and he began receiving bills from the hospital, which eventually totaled nearly $30,000.
InnoSource Inc. provides a health care plan to its employees that categorically excludes coverage for anything related to gender transition including “treatment, drugs, medicines, services, and supplies for, or leading to, gender transition surgery.” The exclusion applied to all transition-related care, including care that is medically necessary and otherwise would be covered under the plan.
Prior to his surgery, Mr. Moore completed the necessary pre-op consultation at Denver Health as well as the insurance verification process. He contacted his claims administrator to confirm the surgery would be covered and was assured that it would be. Despite the company’s assurances, two days after his surgery, Mr. Moore was informed by his care coordinator that his insurance company had refused to pay.
The complaint resulted in a favorable settlement and a change in company policy to conform to the law.
Resources:
- "Guest Commentary: I moved to Colorado for freedom as a transgender man. Instead, I found discrimination," by Dashir Moore, The Denver Post, February 15, 2019
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Fact-Checking Common Myths on Transition-Related Care for Trans People, Ria Tabacco Mar, Director, ACLU Women's Rights Project
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"Denied health care for being trans," ACLU video
ACLU news releases:
- "ACLU: Colorado company denied health care coverage to transgender man," ACLU News Release, February 11, 2019
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"ACLU Settles Case: Colorado Company Can No Longer Discriminate Against Transgender Individuals," ACLU News Release, September 25, 2019
Media:
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“ACLU sues Springs business over denial of health coverage to transgender employee,” KOAA News, February 11, 2019
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“Discrimination Complaint Alleges Unlawful Denial of Insurance Coverage for Trans Man,” Westword, February 12, 2019
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“His insurance decided to revoke a trans man’s coverage while he was on the operating table,” LGBTQ Nation, February 12, 2019
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“This transgender man lost his health insurance 2 days after receiving a gender-affirming surgery,” Daily KOS, February 13, 2019
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“Colorado Transgender Man Denied Healthcare After Undergoing Chest Surgery,” Georgia Voice, February 19, 2019
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“Transgender man gets hit with $30,000 bill after his insurance refuses to cover his surgery,” Metro Weekly, February 20, 2019
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“While the Trump administration backtracks, Colorado is plowing forward on transgender rights,” The Colorado Sun, May 23, 2019
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“Chest Binders and Transgender People,” Dashir Moore, Letter to the Editor, New York Times, June 9, 2019