A decision forcing Blue Cross Blue Shield of Illinois to cover gender-affirming care was undone Monday, when the Ninth Circuit said the case needs another look given recent guidance from the US Supreme Court.
The health plan claims administrator was held liable in 2022 for unlawful sex-based discrimination after it denied certain claims seeking coverage for gender-affirming care. But that analysis “cannot stand” under the Supreme Court’s June decision in in United States v. Skrmetti, the US Court of Appeals for the Ninth Circuit said.
Skrmetti upheld a Tennessee law banning puberty blockers, hormone therapy, ...