WSP USA Inc.‘s health plan defeated a lawsuit by a transgender woman who says she was wrongly denied coverage for facial feminization surgery because its language bars her from seeking relief, a federal judge ruled.
Andi Cox’s claim fails because she didn’t sufficiently allege that WSP’s denial of coverage for facial feminization surgery violated the plan under the Employee Retirement Income Security Act, Judge Haywood S. Gilliam Sr. said. The controlling terms of WSP’s plan categorize this type of surgery as “cosmetic” and “not medically necessary,” thus making the procedure expressly excluded, he added.
The ruling is the latest ...