Folwell announced Wednesday that the state health plan will not enforce a benefit exclusion for sex transitions, modifications or related care to comply with U.S. District Court Judge Loretta Biggs' June 10 order in Kadel v. Folwell.
“We obviously disagree with the judge's order that is, in essence, assuming responsibility for determining plan benefits for sex-transition operations,” Folwell said. “We're also disappointed the court decided to stop the case from being heard by a jury of North Carolinians. However, I've always said that if the legislature or the courts tell me we have to provide for sex-transition operations and treatments, I would.”
The recent ruling stems from a 2019 lawsuit from the Lambda Legal Defense and Education Fund and Transgender Legal Defense & Education Fund on behalf of several current and former state employees and their dependents.