Sunday, October 20, 2013

We Got You Covered… Not!

The problem lies in the interpretation of a CDC policy and the actual law that was passed; a clinic in Colorado is not giving free mammograms to low income trans-women saying the CDC policy states the funding is for genetic women.
Transgender woman sues after being denied free breast cancer screening
9News
By Will Ripley
Oct 14, 2013

DENVER - The legal definition of "female" is at the center of a new lawsuit.

Jennifer Blair, a transsexual woman, is suing for the right to get free breast cancer screenings.

Blair had surgery to change her gender more than a decade ago.

Women's Wellness Connection, a state-run healthcare program, recently turned her away because she is "not genetically female."
[…]
After noticing unusual breast growth, Blair went to Planned Parenthood of the Rocky Mountains on the 6300 block of E. Exposition in Denver for a mammogram, paid for by Women's Wellness Connection.
[…]
The Centers for Disease Control and Prevention (CDC) pays for the program, and says it only covers clients who are "genetically female."
The law (Public Law 106-354) in question states.
An Act
To amend title XIX of the Social Security Act to provide medical assistance for certain women screened and found to have breast or cervical cancer under a federally funded screening program, to amend the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to surveillance and information concerning the relationship between cervical cancer and the human papillomavirus (HPV), and for other purposes.
Do you see anything that says genetic women? If you read the CDC website about program eligibility there is nothing there that says only genetic women. Then how did Planned Parenthood interpret the law to say genetic women?

Well it turns out that a newsletter from the CDC said,
...specifically states coverage for women. Therefore CDC's position has been to only cover clients who are genetically female. So we will cover transgender female to male patients... But we do not cover transgender male to female patients.
So it only an interpretation by the CDC and is not stated anywhere in the law.

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