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Trans Patients Score Block on Aetna Facial Surgery Exclusion

Law360

March 9, 2026

Aetna must reconsider whether two transgender women can receive coverage for their gender-affirming facial reconstruction surgeries, a Connecticut federal judge ruled, finding that a policy categorically excluding coverage for the procedure was likely discriminatory.

In a ruling issued Sunday, U.S. District Judge Victor A. Bolden rejected Aetna Life Insurance Co.’s motion to dismiss a proposed class action brought by transgender women challenging the policy under the Affordable Care Act’s antidiscrimination provision. The judge also granted a preliminary injunction requiring the company to reassess denied claims for two of the women, finding that the policy continues to aggravate their gender dysphoria symptoms.

“The lack of access to medically necessary gender-affirming care and the attendant health risks meet the standard for irreparable harm,” the judge said.

. . .

The women are represented by Christine E. Webber, Aniko R. Schwarcz and Harini Srinivasan of Cohen Milstein Sellers & Toll PLLC, by Joseph J. Wardenski of Wardenski PC and by Gabriel Arkles, Ezra Cukor and Sydney Duncan of the Advocates for Trans Equality Education Fund.

Read Trans Patients Score Block on Aetna Facial Surgery Exclusion.