Aetna is Being Sued for Discrimination Against Trans Women

A group of transgender women have come out against insurance company Aetna for discriminatory practices. Three women, Binah Gordon, Kay Mayers, and an anonymous S.N. are filing a lawsuit against the insurance giant for allegedly over-charging them for facial feminization surgery. This suit was filed in Connecticut after years of denial for coverage.

They found out that a similar procedure for cisgender women had been covered by Aetna, while the company charged Gordon $35,000 and S.N. $50,000 for a similar procedure. They did this by misfiling the claims as “cosmetic surgery” rather than what they actually were, “medically necessary gender-affirming facial reconstruction surgeries.”

This misfiling also led Kay Mayers to be unable to proceed with the surgery due to the cost. This potential oversight violates Section 1557 of the Affordable Care Act, which protects patients from discrimination based on sex, which includes gender identity under Title IX law.

They are being represented by law firms Wardenski PC and Cohen Milstein Sellers & Toll PLLC, as well as Advocates for Trans Equality (A4TE). Some claims made in the suit can be checked against Aetna’s own publicly available coverage policy. 10 “Facial Gender Affirming Procedures” were deemed medically unnecessary and categorized as cosmetic, including many facial feminization surgeries such as hairline transplants and jaw reductions.

Joseph Wardenski of Wardenski PC states, “All of our clients, and thousands of others like them, were denied insurance coverage by Aetna for gender-affirming facial surgeries that their treating providers determined were medically necessary to treat their gender dysphoria and improve their overall well-being.”

This is not the first time Aetna has been sued for discriminatory practices. In a similar case they settled in 2021, they expanded their gender affirming coverage to include breast augmentation. They were also served with 21 separate suits in October of 2023 from breast cancer survivors stating that Aetna would not cover their reconstructive surgeries. Again, they were served by Bridges Health Partners earlier in 2024 for breach of contract. In May they were sued for alleged discrimination against queer families seeking fertility treatments.

Spokesperson Alex Kepnes has stated that Aetna is committed to providing the healthcare needed by their members, and also claimed Aetna has a “strong track record of supporting the LGBTQ+ community.” While the track record is not in the room with us now, hopefully these suits and alleged discrimination will turn Aetna around.