In the 2023 edition of Pro Bono Innovators, Bloomberg Law has recognized the formidable work of Willkie Farr & Gallagher in advocating for transgender healthcare rights. The law firm’s groundbreaking victories have cemented its position as a champion of lawful representation for transgender individuals. A noteworthy triumph was a landmark ruling in Georgia federal court, concluding that employers who refuse to cover gender-affirming care for their employees are in violation of the federal law.
Willkie’s pro bono work extended to the representation of a transgender law enforcement officer, previously denied necessary, gender-affirming care. Documentation of took, Ciaramella v. McDonald, was integral to challenging New York’s restriction on Medicaid coverage for certain dental procedures. As a result of these efforts, coverage was extended to low-income state residents.
The New York Department of Health and its opposing counsel, the New York attorney general’s office, were well acquainted with Willkie’s prowess from their previous cases. Willkie, in collaboration with the Legal Aid Society, successfully contested New York’s ban on providing medically necessary care to transgender Medicaid recipients. The same Medicaid policy that governed transition-related medical care also presided over dental benefits, equipping Willkie to repeat their success.
The firm’s alliance with partner non-profit the Transgender Legal Defense and Education Fund (TLDEF), prepared them for a similar ruling on transgender medical care in the south, in the Lange case. Having earlier pioneered the Cruz case, they were optimally positioned to replicate their success.
Willkie also took up the challenge of holding government entities accountable for denying healthcare coverage. In the Lange case, Houston County, Georgia was named as a defendant. Use of public funds for wasteful legal expenses sparked bracing headlines such as, “This Georgia County Spent $1 Million to Avoid Paying for One Employee’s Gender-Affirming Care”. Such audacious litigation strategies helped to secure a landmark ruling without necessitating a trial, and won a jury award of $60,000 for Sgt. Lange.
With increasing legal and legislative attacks on the transgender community throughout the US, these victories offer a timely defense of transgender rights. The American Medical Association reports that 25% of transgender patients seeking hormone coverage and 55% of those seeking transition-related surgery coverage were denied in the past year. The rulings are pivotal as they pave way for preventing discriminatory insurance coverage policies for medically necessary, gender-affirming care.
Furthermore, Willkie’s impact on New York state Medicaid regulations will influence approximately five million New Yorkers. Expanding dental coverage to include root canals, crowns, and other essential dental care, follows modern U.S. dental practice. This change not only acknowledges the critical connection between oral health and overall health but is also anticipated to result in long-term cost savings for New York state and its taxpayers.
Such success not merely validates Willkie’s relentless commitment and tenacity, but also serves as a blueprint for advocates across states to challenge comparable coverage restrictions. The unwavering dedication of Willkie’s entirely women and LGBTQ+ identifying legal team, coupled with a precise understanding of their adversary’s tactics, played a crucial role in these significant victories.
These milestones have not only affirmed Willkie’s leadership in the fight for transgender rights and healthcare justice but also set a landmark for other law firms to emulate in their respective battles for social justice.