ACA nondiscrimination Section 1557 nationwide court injunction issued

The U.S. District Court of North Texas issued a preliminary injunction that bans the U.S. Department of Health and Human Services (HHS) from enforcing requirements in its Affordable Care Act (ACA) Nondiscrimination Section 1557 regulations prohibiting discrimination on the basis of gender identity. This injunction applies nationwide.

UnitedHealthcare is not changing its coverage of treatment for gender dysphoria as a result of the preliminary injunction issued on Dec. 31, 2016, by the U.S. District Court in Texas. UnitedHealthcare Employer & Individual coverage of treatment for gender dysphoria will remain consistent with the members’ applicable benefit plan language.

UnitedHealthcare amended fully insured COCs for 2017 to include the benefits for treatment of gender dysphoria when clinical criteria for eligibility are met.

For additional information, please contact your UnitedHealthcare representative.