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ACA Nondiscrimination Section 1557 Nationwide Court Injunction Issued

February 7, 2017

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 to all states.

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 coverage of treatment for gender dysphoria will remain consistent with the members’ applicable benefit plan language.

UnitedHealthcare standard fully insured coverage for 2017 includes services for treatment of gender dysphoria, including behavioral health, pharmacy, and certain surgical services when clinical criteria for eligibility are met. 

For more information, contact your UnitedHealthcare representative.