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John L. Barlament quoted in article “Proposed Rule Expands Transgender Health Coverage”

Society for Human Resource Management

Below is an excerpt:

“The Office for Civil Rights will start its inquiry by asking whether and to what extent coverage is available when the same service is not related to gender transition,” concurred Barlament. “The example given in the preamble is a hysterectomy—if a plan denies coverage for a hysterectomy that is medically necessary to treat gender dysphoria, OCR will evaluate the extent of the plan's coverage of hysterectomies under other circumstances.” In addition, OCR will scrutinize whether the covered entity's explanation for the denial or limitation is “legitimate” and not a pretext for discrimination, he said.

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