There appears to be no time limit on when the Appeals Board must make a decision, he said.
Coincidentally, the administration challenge was filed the same week that the CMS posted a notice that it would reopen its national coverage decision on sex reassignment surgery, which has been in place since 1981. The notice was subsequently removed.
"In light of the challenge, we are no longer reopening the national coverage determination for reconsideration," a CMS spokesman said.
Brian Moulton, legal director of the Human Rights Campaign, applauded the challenge.
"Regardless of the mechanism, we are pleased that CMS will be reviewing its outdated policy with regard to treatment related to gender transition and hope they will follow the mainstream medical opinion that public and private insurance programs should provide coverage for this medically necessary care," he said.
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