HUNTINGTON —Three men are suing West Virginia Department of Health and Human Resources Secretary Bill Crouch for discrimination, alleging the state's insurance plan does not provide the proper coverage for transgendered people.
West Virginia Bureau for Medical Services Commissioner Cynthia Beane; DHHR, West Virginia Public Employees Insurance Director Ted Cheatham and the Health Plan of West Virginia were also named as defendants in the suit.
Christopher Fain, Zachary Martell and Brian McNemar claim the state's insurance plans, including PEIA and Medicaid, have excluded gender-confirming care even though the same treatments are covered for cisgender people who are participants in the programs.
The plaintiffs claim the defendants are violating the Medicaid Act, the Patient Protection and Affordable Care Act and are discriminating against transgendered individuals.
The plaintiffs are seeking class certification and compensatory damages. They are represented by Walt Auvil of the Employment Law Center; Anna P. Prakash and Nicole J. Schladt of Nichols Kaster; Sasha Buchert, Tara L. Borelli, Nora Huppert and Avatara Smith-Carrington of Lambda Legal Defense and Education;
U.S. District Court for the Southern District of West Virginia case number: 3:20-cv-00740
