Ontario’s top court has ruled the province must cover the cost of a penile-sparing vaginoplasty for a transgender resident who does not identify as exclusively female or male and who wishes to have both genitalia. In a unanimous decision released this week, a three-judge panel of the Ontario Court of Appeal confirmed a lower court’s ruling that the novel phallus-preserving surgery qualifies as an insured service under the Ontario Health Insurance Plan. The latest ruling is the third unanimous decision in favour of the patient, identified as K.S. in court records.
“K.S. is pleased with the Court of Appeal’s decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario’s Health Insurance Act and its regulation,” K.S.’s lawyer, John McIntyre, said in an email to National Post. The legal battle between K.S., whose sex at birth was male, dates to 2022, when the Ontario Health Insurance Plan (OHIP) refused her request to pay for the cost of surgery at a Texas clinic to construct a vagina while sparing the penis, a procedure this is not available in Ontario, or anywhere else in Canada.
OHIP argued that, because the vaginoplasty would not be accompanied by a penectomy, the procedure isn’t one specifically listed in OHIP’s Schedule of Benefits and therefore shouldn’t be publicly funded. OHIP also argued that the requested surgery is considered experimental in Ontario and, thus, also ineligible for coverage.
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“K.S. is pleased with the Court of Appeal’s decision, which is now the third unanimous ruling confirming that her gender affirming surgery is covered under Ontario’s Health Insurance Act and its regulation,” K.S.’s lawyer, John McIntyre, said in an email to National Post. The legal battle between K.S., whose sex at birth was male, dates to 2022, when the Ontario Health Insurance Plan (OHIP) refused her request to pay for the cost of surgery at a Texas clinic to construct a vagina while sparing the penis, a procedure this is not available in Ontario, or anywhere else in Canada.
OHIP argued that, because the vaginoplasty would not be accompanied by a penectomy, the procedure isn’t one specifically listed in OHIP’s Schedule of Benefits and therefore shouldn’t be publicly funded. OHIP also argued that the requested surgery is considered experimental in Ontario and, thus, also ineligible for coverage.
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