“JALA recognizes and salutes the astonishing legal work by Florida Health Justice Project and its partners in this case. Their advocacy, and the ground-breaking work done by other public interest law firms in Florida, such as JALA’s class action work on behalf of low-income tenants, is made all the more remarkable by the lack of general funding and support from the Florida Bar Foundation, the Florida Bar and the State of Florida.”
“The statute and the rule (at issue) were an exercise in politics, not good medicine.” — Judge Hinkle
Yesterday was a historic day for health justice and gender justice here in Florida. Following our recent two-week trial, U.S. District Judge Robert L. Hinkle ruled in Dekker v. Weida that Florida’s exclusion of treatment for gender dysphoria from Medicaid coverage is both illegal and unconstitutional.
The opinion concluded: “Gender identity is real. Those whose gender identity does not match their natal sex often suffer gender dysphoria… Florida has adopted a rule and statute that prohibit Medicaid payment for these treatments even when medically appropriate. The rule and statute violate the federal Medicaid statute, the Equal Protection Clause, and the Affordable Care Act’s prohibition of sex discrimination. These plaintiffs are Medicaid beneficiaries who are entitled to payment, as a matter of medical necessity, for puberty blockers or cross-sex hormones as appropriately determined by their multidisciplinary teams of providers.”
Read More at The Florida Health Justice Project
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About Jacksonville Area Legal Aid
Jacksonville Area Legal Aid is a nonprofit law firm focused on delivering economic, social, and housing justice to low-income and at-risk individuals and families on the First Coast.
If you are an attorney wanting to volunteer with probate and heirs property issues, contact JALA Pro Bono Director Aaron Irving, at (904) 356-8371, Ext. 363, or Aaron.Irving@jaxlegalaid.org.
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