In Pritchard v. Blue Cross Blue Shield of Illinois, (WD WA, May 4, 2021), a Washington federal district court held that denying a transgender male insurance coverage for treatment of gender dysphoria violates the sex discrimination ban in the Affordable Care Act. At issue was an exclusion in the Catholic Health Initiatives Health Plan that prevented a minor covered by his mother’s health insurance from receiving an implant that delivers puberty-delaying hormones and a mastectomy. The ACA incorporates the anti-discrimination provisions of Title IX. The court also rejected defendant’s RFRA defense, concluding that RFRA only applies in suits in which the government is a party.
