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Ninth Circuit Orders Reconsideration of ACA Challenge to Gender-Affirming Care Exclusions
Roberts Disability Law 
Nov. 19, 2025 "[The plan participants] alleged that Blue Cross Blue Shield of Illinois (BCBSIL) violated Section 1557 of the [ACA] by enforcing categorical exclusions for gender-affirming care in self-funded ERISA plans it administered. Although the panel agreed that BCBSIL is subject to Section 1557 and rejected its arguments premised on ERISA and RFRA, it concluded that the district court's discrimination analysis -- grounded in Bostock v. Clayton County -- could not be reconciled with the Supreme Court's intervening decision in United States v. Skrmetti." [Pritchard v. Blue Cross Blue Shield of Illinois, No. 23-4331 (9th Cir. Nov. 17, 2025)] MORE >> |
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