Ontarian wins legal battle for public funding of gender-affirming surgery argued as 'experimental'
CTV
An Ontario resident has successfully secured public funding for a specialized gender-affirming surgery argued to be 'experimental' by the provincial health insurer following a years-long legal battle.
An Ontario resident has successfully secured public funding for a specialized gender-affirming surgery argued to be "experimental" by the provincial health insurer following a years-long legal battle.
The prospective patient, identified only as K.S. in documents filed with the provincial Health Services Appeal and Review Board (HSARB), was seeking coverage under the Ontario Health Insurance Plan (OHIP) for a penile-preserving vaginoplasty, a procedure in which a vaginal cavity is surgically created while keeping the penis intact.
Since 2023, K.S. has been engaged in a series of appeals to the review board following an initial denial by OHIP to cover the surgery. On April 10, a final appeal launched by OHIP was dismissed by the Divisional Court of the Ontario Superior Court of Justice.
K.S., whose identity is protected under a publication ban, identifies as non-binary. She presents as predominantly female and uses she/her pronouns, but does not align with the gender binary. The reason why K.S. is seeking this particular procedure is because it aligns with her identity – and having the provincial insurer previously deny her request made her feel “less than.”
“There have been so many times that I have had to justify myself to just be,” K.S. previously told CTV News Toronto. “People who aren’t trans or nonbinary don’t have to get that permission to exist.”
Following Wednesday’s decision, K.S. said that she is "ecstatic" over the decision.
"I have been waiting for this day for years!!," she said in a statement given through her lawyer. "Though I know there is still time for OHIP to keep attempting to appeal this, I am relishing this day as it's an extraordinarily huge milestone."
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