Dekker et al. v. Marstiller et al.: Complaint for Declaratory, Injunctive and other Relief

In response to a state rule denying Medicaid coverage of all medically necessary gender-affirming care for transgender Florida residents, FHJP, along with Lambda Legal, Southern Legal Counsel, the National Health Law Program, and Pillsbury Winthrop Shaw Pittman LLP, filed a federal lawsuit. The rule left thousands of transgender people in Florida without access to critical medical care for the treatment of gender dysphoria. The Florida Medicaid Agency finalized the rule after ignoring expert testimony and thousands of public comments during the rule-making process. In May 2022, FHJP and co-counsel participated in a three week trial in the Northern District of Florida. Shortly before the close of trial, the Governor signed Fla. Stat. 286.31 into law which, among other things, prohibited the use of Medicaid funding to pay for gender affirming medical care. Counsel amended their Complaint to challenge this newly enacted ban along with AHCA’s rule. On June 21, 2023, the Honorable Judge Robert L. Hinkle entered a 54 page long Order declaring that both the rule and the statute violate the Equal Protection Clause of the U.S. Constitution, the Affordable Care Act, and the federal Medicaid Act and, as such, could not be enforced against Florida Medicaid beneficiaries.