In the Nov. 9 court decision, U.S. District Judge Robert Bryan certified the class action to represent up to 1,740 people who are covered under self-funded plans and who were or could still be denied transgender care coverage.
The original lawsuit was filed in 2020 by a transgender teenager and his mother, who were provided health coverage through her employer under the Catholic Health Initiatives Medical Plan. The plan was administered by BCBS and included a transgender care exclusion clause. BCBS said 95 percent of the 398 self-funded plans it administers includes the same clause.
BCBS also argued that its activities as a third-party administrator are not subject to the anti-discrimination provisions in Section 1557 of the ACA.
“Class members’ individual medical services are not relevant to this portion of their requested relief,” the judge wrote. “The harm alleged — Blue Cross’s alleged discriminatory conduct in the processing of their claims — is common to all the class members.”
At the Becker's 5th Annual Fall Payer Issues Roundtable, taking place November 17–19 in Chicago, payer executives and healthcare leaders will come together to discuss value-based care, regulatory changes, cost management strategies and innovations shaping the future of payer-provider collaboration. Apply for complimentary registration now.
