State Health Plan, Transgender Insureds Battle Over ACA Sovereign Immunity

Mealey's (January 6, 2022, 2:44 PM EST) -- WASHINGTON, D.C. — When Congress intends to waive sovereign immunity, it must do so clearly, and a split among Fourth Circuit judges about how Congress did so in the Patient Protection and Affordable Care Act shows that no such clarity exists, a state health plan tells the U.S. Supreme Court in a Jan. 4 response to arguments by transgender individuals who claim that there is no reason to review their discrimination claims at this time....