Republican West Virginia Attorney General Patrick Morrisey told Newsmax on Tuesday that he doesn't believe a state electing to exempt a procedure from its Medicaid coverage is a constitutional issue.
West Virginia is appealing a ruling by a U.S. district court judge that its exemption to Medicaid for sex-change operations violates the Equal Protection Clause of the 14th amendment to the Constitution.
"With those limited resources, the state certainly should be controlling the kind of items and services that it provides to patients, and we think it's wrong legally for people to try to force the state to cover this. According to Medicaid's website, its programs are designed to provide health coverage for low-income people. Although the federal government establishes certain parameters for all states to follow, each state administers their Medicaid program differently, resulting in variations in Medicaid coverage across the country.
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