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Transsexual Wins Battle Over Surgery Payment
Transsexual Wins Battle Over Surgery Payment
by 365Gay.com Newscenter Staff

Posted: May 17, 2007 - 7:00 pm ET

(Allentown, Pennsylvania) A 15-month battle with the administrator of a company insurance plan over the cost of sex reassignment surgery has ended in victory for an Ohio transsexual woman.

Electronics engineer Jan Stacy was told by company that its self insured plan covered the surgery, and in 2006 she entered hospital.

But when she later submitted her bills to the plan's administrator, Highmark Blue Shield, it refused to pay.

Stacy went back to the company human resources officer and again was told the company plan included sex reassignment. Nevertheless, Highmark stood firm, refusing to pay.

She then took her case to Equality Advocates, a Pennsylvania organization that provides legal services to the LGBT community.

Even after the initial intervention of Equality Advocates, Highmark continued to insist that it owed no reimbursement to Stacy and extended the policy exclusions to a routine office visit.

The organization and Highmark agreed to an arbitration process to avoid going to court. But even after Highmark finally conceded that Stacy’s surgery was covered by her employer’s current plan, they continued to refuse to pay most of the claim, on the grounds the surgery was performed "out of network", and that the surgeon did not charge the "reasonable and necessary" amount for the procedure.

Equality Advocates persisted and Stacy’s employer intervened forcing Highmark to reverse its position.

Stacy was ultimately awarded $14,097, the bulk of the surgery costs.

"It is appalling how badly Highmark Blue Shield mishandled Ms. Stacy’s claim," said Katie Eyer, Employment Rights Project Attorney at Equality Advocates.

"Their repeated refusal to pay this claim was clearly the result of bias against the transgender community, and demonstrated a willful ignorance of the medical necessity of procedures such as SRS."

Eyer said that transgenders across the country have "systemic" problems dealing with insurance claims. Stacy was fortunate, said Eyer, that her company has a written policy on equality and that it had its own insurance plan which specifically covered transsexuals.

Few other self administered plans or HMOs have such provisions.

©365Gay.com 2007

2007-05-21 15:54:26 GMT
Comments (2 total)
Author:tammidee10
It's always good to hear of a sister winning. So many of our Trans sisters and brothers are in dire straights with no job or insurance that we need this type of news to stiffen our will to win our rights.
Love, Tammi Dee
2007-05-22 21:30:17 GMT
Author:janis_iam

Thanks for the kind words! I was told many times by people with Insurance experience that success would be impossible! Hmm, whoops!

Personally, I find the office visit Highmark Blue Shield and on appeal Blue Cross Blue shield denied, incredibly disturbing. The routine office visit was denied for the sole reason of transsexuality. It was a standard office visit with a new doctor. Ya know, stuff like medical history, age, blood pressure... In the medical history was transsexualism and Blue Cross Blue Shield has a policy they entered on 1 Nov 1977. Yep 1977! This 30 year old policy denies routine office visits. Yes, I have their printout of the policy. Seems Blue Cross Blue Shield thinks if you mention transexulism during an office visit as part of your medical history, suddenly, it is not a routine office visit, not a medical visit, not life threatening ever, not acute, not chronic but is pre-existing and only happens to men. Hmm, I wonder how that impacts trans-men? The real kicker, Blue Cross Blue Shield thinks they can reverse transsexualism since 1977. Hey, they said transsexualism is reversable!

Hmm, do ya think they are Blue because they sucked all the oxygen out of healthcare?

I’m not done yet!!
Jan
2007-05-29 23:44:20 GMT
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