8th Cir. Wants Input On HHS Regs In Trans Health Care Fight

By Kellie Mejdrich (June 22, 2022, 5:18 PM EDT) — The Eighth Circuit asked the US Department of Health and Human Services and Catholic groups battling over whether employers and health care providers must cover gender-confirmation surgery to lay out how an expected HHS rule on the Affordable Care Act’s prohibitions on discrimination would affect their case.

The appeals court issued an order Tuesday pointing to a rule, slated for proposal this month, on how nondiscrimination provisions under Section 1557 of the ACA apply to transgender health care coverage decisions. It noted in the order that district courts in New York and the District of Columbia had frozen suits challenging the trans health care requirements.

“The parties are…

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