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Aetna Again Accused Of Anti-Trans Discrimination Despite Perfect HRC Score

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Insurance company refused to pay for Texas woman’s medically necessary procedure.

A transgender woman in Texas is suing Aetna for alleged anti-trans discrimination, based on the insurance company’s refusal to cover a procedure that her doctors deemed medically necessary. 

It marks the second complaint this year alleging anti-trans discrimination by Aetna. Nevertheless, the company received a perfect score on the Human Rights Campaign’s 2016 Corporate Equality Index, released last week. 

Charlize Baker, who lives in the Dallas suburb of Allen, Texas, filed a federal lawsuit Nov. 16 alleging that Aetna refused to pay for her breast augmentation surgery, and wouldn’t cover short-term disability related to the procedure. 

“Defendant Aetna’s policy is abhorrent, insupportable by any legitimate source in the medical community, completely contrary to globally accepted standard[s] of care for the treatment of Gender Dysphoria, arbitrary … and clearly motivated by intentional and/or maliciously ignorant desire to deny benefits to its plan enrollees on the basis of gender and gender identity,” Baker’s complaint states. 

The lawsuit, filed in U.S. District Court for the Northern District of Texas, is among the first to invoke a provision of the Affordable Care Act that prohibits discrimination based on gender identity among federal contractors. The lawsuit also alleges that Aetna is in violation of Title VII of the U.S. Civil Rights Act of 1964, which prohibits discrimination based on gender, as well as the Employee Retirement Income Security Act of 1974. 

Baker’s Aetna policy covers hormone therapy and genital reconstructive surgery for both trans men and trans women, in addition to mastectomies for trans men. However, the policy doesn’t cover breast augmentation for trans women, because Aetna considers the procedure to be “cosmetic.” 

“It’s an essential part of my outward expression of being female,” Baker told CBS Dallas/Fort Worth. “I felt very demeaned and demoralized. … I don’t understand what the discrepancy is, why would you cover one and not the other?”

Baker’s employer, military contractor L-3 Communications Corp., is also named in the lawsuit. However, Baker says L-3 has been supportive since she transitioned in 2011. Neither L-3 nor Aetna has commented on Baker’s lawsuit. 

“I think there’s a greater cause here. It’s not just about me, it’s about everyone,” Baker said. “All we’re asking for is a little dignity.”

In July, a transgender woman in Colorado accused Aetna of refusing to cover her gender reassignment surgery. The woman’s complaint was based on Colorado law prohibiting anti-trans discrimination in insurance coverage. 

On its website, Connecticut based Aetna boasts that it’s the only company in its industry that has received a perfect score on HRC’s Corporate Equality Index every year since the CEI was created. 

“Aetna has long been committed to its LGBT employees and the greater LGBT community,” the company states. “In early 2009, Aetna was the first major health benefits company to offer transgender-inclusive benefits for its employees and any contracted companies choosing to do so for their employees. In its 2015 benefits plans, Aetna expanded coverage for gender reassignment procedures in the 33 Aetna plans offered to federal employees, in addition to all commercial business including individual and small group plans.”

A spokesman for HRC didn’t immediately respond to a request for comment about Baker’s lawsuit. 

Watch CBS’s report above and read the full complaint below. 

 

Image: Screenshot via CBS Dallas/Fort Worth

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McCarthy ‘Could Be a Former Speaker by the End of This Week’: Report

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At noon on Monday as the House opens for business U.S. Rep. Matt Gaetz (R-FL) may file a motion to oust Speaker Kevin McCarthy for crossing the aisle and working with Democrats to avoid a federal government shutdown just hours before midnight on Saturday.

The Florida lawmaker, who is blamed by his fellow Republicans for leading the shutdown charge, has very publicly blamed Speaker McCarthy for the crisis. On Sunday he vowed to end McCarthy’s leadership. McCarthy said he’s unafraid, but how he can keep his job without the help of House Democrats is being questioned, and if he does, how he governs his volatile GOP conference is also being questioned.

“Bring it on,” McCarthy said on CNN.

READ MORE: ‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert

The Speaker also added, “let’s start governing.”

McCarthy’s call to “start governing” followed months of news reports detailing House Republicans’ infighting.

At the end of July, Axios ran a headline that read: “Congress gets a timeout after dysfunctional summer.”

“House members finally reached their August recess this weekend after a string of unusual, and at times contentious, incidents that clouded efforts to avoid a government shutdown,” the news outlet reported, pointing also to “January’s marathon speaker election to May and June’s close call on defaulting on the federal debt — not to mention conservatives’ unprecedented tactics to grind the House floor to a halt.”

On Tuesday, September 12, the House returned from its August recess.

“With less than three weeks remaining before government funding runs out on Sept. 30,” The New York Times reported Sunday, Sept. 10, “Congress has not cleared any of its 12 annual appropriations bills, though there has been more progress than in the recent past. Given the rapidly approaching deadline, leaders of both the House and the Senate agree that a temporary stopgap funding measure will be needed to avert a government shutdown beginning Oct. 1. But that usually routine legislation is facing major obstacles in the Republican-led House, making its path to President Biden’s desk unusually fraught.”

READ MORE: ‘Flying Monkeys on a Mission for the Wicked Witch’: Raskin Rips Republicans Over Impeachment ‘Inquiry’

Monday morning CNN’s Manu Raju reported, “McCarthy’s future could tested as soon as today. House opens at noon, and Gaetz could file his motion to oust him today. At that point, the speaker could try to table the motion — or kill it. That is what is expected. But if that fails, the motion to oust him would still be alive.”

The question may soon become, will Democrats save McCarthy’s speakership?

“One idea moderate Republicans are proposing to get Democrats on board with saving McCarthy is to revise the rules package that governs how the House operates – and discussing making changes to House Rules Committee,: Raju reports, adding House Democratic leaders are keeping their “powder dry,” meaning not indicating what they want their members to do.

Noting that the House is “lurching from crisis to crisis thanks to the dysfunction inside the GOP conference,” Punchbowl News Monday morning asked: “Can McCarthy survive?

Congressman Gaetz “acknowledged his effort is likely to fail, suggesting Democrats ‘probably will’ come to McCarthy’s rescue. Gaetz then criticized McCarthy for even considering the possibility of remaining speaker with Democratic support — despite the fact that Gaetz spent weeks courting Democrats in his bid to topple McCarthy.”

“Are we convinced McCarthy will get through this? No, not at all. McCarthy very well could be a former speaker by the end of this week,” Punchbowl News added.

Meanwhile, as questionable as McCarthy’s future is as Speaker, so is Gaetz’s future as a Congressman.

The Florida lawmaker faces a re-opened House Ethics Committee investigation into possible “sexual misconduct, illicit drug use and potential public corruption,” ABC News reported in July.

“House GOP members are seeking to quickly expel Gaetz if the ethics report comes back with findings of guilt,” CNN’s Jacqui Heinrich reported Sunday. “Following threats to vacate McCarthy, one tells me ‘No one can stand him at this point. A smart guy without morals.'”

Watch the videos above or at this link.

 

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COMMENTARY

‘I’m Broke’: One Day Before Shutdown and With No Plan McCarthy Says He Has ‘Nothing’ in His ‘Back Pocket’

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Just 30 hours before his own Republican conference likely will have succeeded in shutting down the federal government of the United States, Speaker of the House Kevin McCarthy candidly admitted to reporters he’s run out of ideas.

Earlier Friday in an “embarrassing failure,” 21 House Republicans killed legislation from their own party, a short-term continuing resolution, that would have kept the federal government open.

Later on Friday afternoon, swarmed by reporters, McCarthy was asked if he was going to tell them what his plans are. He sarcastically replied, “No, I’m going to keep it all a secret.”

When pressed, he said he would “keep working, and make sure we solve this problem.”

“What’s in your back pocket, Speaker?” another reporter asked, pressing him for an answer.

“Nothing right now. I’m broke,” he admitted, apparently referring to options and ideas to avoid a shutdown.

READ MORE: ‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert

But another reporter asked Speaker McCarthy the main question: Would he partner with House Democratic Minority Leader Hakeem Jeffries to put the Senate’s bill before the House.

He refused to answer.

Just before 5 PM CNN’s Manu Raju reported on the ongoing House Republicans’ closed-door meeting with the Speaker, a meeting where the 21 Republicans who will likely be effectively responsible for the shutdown reportedly did not attend.

“McCarthy is telling [Republicans] now there aren’t many options to avoid a shutdown, according to sources in room. He says they can approve GOP’s stop-gap plan that failed, accept Senate plan, put a ‘clean’ stop-gap on floor to dare Democrats to block it — or shut down the government.”

READ MORE: Will McConnell and Senate Republicans Use Feinstein’s Passing to Grind Biden’s Judicial Confirmations to a Halt?

He adds, U.S. Rep. Matt Gaetz (R-FL) largely responsible for the impending likely shutdown and the impending possible ouster of McCarthy said: “We will not pass a continuing resolution on terms that continue America’s decline.”

At midnight Saturday Republicans will likely have succeeded in furloughing 3.5 million million federal workers – two million of them service members in the U.S. Armed Forces – and countless contractors, while financially harming untold thousands of businesses that rely on income from all those workers to keep running – unless Speaker McCarthy puts a bipartisan continuing resolution approved by at least 75 U.S. Senators on the floor, legislation every House Democrat is likely to vote for.

Should he do so, many believe he will have also signed his own pink slip.

But whether or not the government shuts down, and whether or not McCarthy puts the Senate’s CR on the floor, according to The Washington Post the far right extremists in his party are already moving to oust him “as early as next week.”

The Biden campaign is making certain Americans realize the blame for the impending shutdown sits at McCarthy’s feet.

At 6:23 PM Friday evening, Punchbowl News’ Jake Sherman wrote on social media: “HOUSE REPUBLICANS HAVE NO PLAN TO KEEP GOVERNMENT OPEN.”

Watch the videos above or at this link.

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News

‘Bad News’ for Sidney Powell as First Trump Co-Defendant in Georgia RICO Case Takes Plea Deal: Legal Expert

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The first of 19 co-defendants in Fulton County District Attorney Fani Willis’ RICO and election interference case against Donald Trump has pleaded guilty in what is being described as a “plea deal.”

“Under the terms of an agreement with Fulton County District Attorney Fani Willis’s office, Hall pleaded guilty to two counts of conspiracy to commit election fraud, conspiracy to commit computer theft, conspiracy to commit computer trespass, conspiracy to commit computer invasion of privacy, and conspiracy to defraud the state,” NBC News reports. “Under the terms of the deal, he’s being sentenced to five years probation.”

CNN previously reported “Hall, a bail bondsman and pro-Trump poll-watcher in Atlanta, spent hours inside a restricted area of the Coffee County elections office when voting systems were breached in January 2021. The breach was connected to efforts by pro-Trump conspiracy theorists to find voter fraud. Hall was captured on surveillance video at the office, on the day of the breach. He testified before the grand jury in Fulton County case and acknowledged that he gained access to a voting machine.”

READ MORE: Will McConnell and Senate Republicans Use Feinstein’s Passing to Grind Biden’s Judicial Confirmations to a Halt?

Former U.S. Attorney Joyce Vance, a professor of law and frequent MSNBC contributor, says Hall “was in the thick of things with Sidney Powell on Jan 7 for the Coffee County scheme involving voting machines. If he’s cooperating, it’s a bad sign for her.”

Hall’s plea deal “spells bad news for, among others, Sidney Powell,” says former Dept. of Defense Special Counsel Ryan Goodman, an NYU Law professor of law. Goodman posted a graphic showing the overlap in charges against Hall and Powell, which he called “alleged joint actions.”

See the graphic above or at this link.

 

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