Judge denies injunction against Florida Medicaid rule denying drug, surgical treatments for gender dysphoria

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A federal judge on Wednesday upheld new rules in Florida that forbid the state's Medicaid program from covering interventions such as puberty blockers, hormone therapies or surgical procedures as treatments for gender dysphoria.

Judge Robert Hinkle shot down a preliminary injunction request from transgender rights groups that filed a lawsuit against Florida over the state's August 21 rule change, according to Politico.

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The change came after Florida's Agency for Health Care Administration (AHCA), which oversees the state's $36.2 billion Medicaid program, determined such services were "not consistent with generally accepted professional medical standards and are experimental and investigational with the potential for harmful long-term affects."

The change also came amid recent data from the state's Medicaid regulator showing the rates of pharmaceutical and surgical treatments for gender dysphoria among minors receiving Florida Medicaid has skyrocketed in recent years.

Florida Surgeon General Joseph Ladapo and Gov. Ron DeSantis at a news conference in West Palm Beach, Florida, on Jan. 6, 2022.  (Joe Cavaretta/Sun Sentinel/Tribune News Service via Getty Images)

The number of children on Medicaid receiving behavioral therapy to treat gender dysphoria increased from 143 in 2017 to 233 in 2021, or nearly 63%, according to state data provided to Fox News Digital in August. Children receiving puberty blockers spiked from 15 children in 2017 to 55 in 2021, a nearly 270% increase.

The lawsuit was filed on behalf of four people, including two 12-year-old children who identify as transgender. Brit Rothstein, another plaintiff, had already been pre-approved by AHCA to receive transgender surgery in December until the new rules kicked into effect.

The lawsuit alleged a violation of the U.S. Constitution's Equal Protection Clause, as well as violations of anti-discriminatory language in the Affordable Care Act and the Medicaid Act. Hinkle said the case touched on potential violations of Medicaid law, but not larger constitutional issues.

Florida Gov. Ron DeSantis' Department of Health has been outspoken in its concerns about rising instances of gender dysphoria among minors. (WTVT)

"There’s nothing wrong with the state saying they will approve treatment for this and not that," Hinkle said from the bench before issuing his ruling. "The question here is about the Medicaid statute."

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The AHCA brought three witnesses to testify during the Wednesday hearing, including a New Jersey man, Yaakov Sheinfeld, who testified that his 18-year-old daughter began prescription hormone treatments after a therapist recommended such treatment for her gender dysphoria and comorbid depression and anxiety.

A protester holds the trans flag and snaps in solidarity with other speakers, during a demonstration at the Ohio Statehouse in Columbus, Ohio, on June 25, 2021. (Stephen Zenner/SOPA Images/LightRocket via Getty Images)

Sheinfeld explained to the court how his daughter's depression and anxiety lingered even after beginning to transition, until she later died of a drug overdose in a New Jersey hotel room.

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In May, several medical professionals told Fox News Digital that they have seen rates of gender dysphoria soar among their young patients in recent years, but that many of their colleagues are reluctant to speak publicly against transgender ideology for fear of both professional and personal retaliation.