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31 Berkeley J. Gender L. & Just. 1 (2016)
Promoting an Integrated Approach to Ensuring Access to Gender Incongruent Health Care

handle is hein.journals/berkwolj31 and id is 11 raw text is: 









Promoting an Integrated

Approach to Ensuring Access to

Gender Incongruent Health Care


Jordan Aikent

I.INTRODUCTION                            .....................2....... .......................2
II.UNDERSTANDING  THE PROBLEM                      ..................................... 6
      A.   Medical Discrimination Based on Gender Identity......................... 6
      B.   Affected Populations................................... 7
           1. Transgender and Gender Nonconforming  Individuals............. 8
           2. Medical Providers       ............................ ..... 10
           3. The Public at Large                    ................................11
III.APPLICABLE LAWS, POLICIES, REGULATIONS, AND  DIRECTIVES................... 12
      A.   The Patient Protection and Affordable Care Act      .............. 12
      B.   Centers for Medicare and Medicaid Services ................ 13
      C.   Veterans Health Administration................        .......... 14
      D.   State Law..........................................15
      E.   The American Medical Association       .......................18
      IV.  Persisting Barriers Despite Updated Laws......            .........19
      A.   Health Care Providers and Staff.           .........................20
           1. Harassment......................           ................20
           2. Humiliation.....................................21
           3. Misunderstanding     .................................   23
      B.   InsurersPayers      .......................... ................ 26
           1. Lack of Financial Coverage Due to Insurance Coding
              Practices                         ........................................ 26
           2. Limited Coverage Through Employer  Insurance Plans......29



     J.D. expected 2016, University of California, Irvine School of Law. I am grateful to
     Professor Michele Goodwin for her insight into the legal research and writing process, and
     for holding me to rigorous standards at every stage. I thank Amanda Goad for her
     encouragement at the very beginning of this project and her expertise all along the way.
     Many thanks to Crista Welch for providing valuable suggestions and questions while editing
     and pushing me to defend my claims. I am moved by the graciousness of the twenty
     incredible individuals that I interviewed for this research. I am especially grateful for their
     generosity in sharing deeply personal stories, which stress the fact that access to gender
     incongruent health care must be accessible in a comprehensive and respectful way,
     immediately, and to all people.


BERKELEY  JOURNAL   OF GENDER, LAW  & JUSTICE


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