Text of the article:
People who feel neither as a man nor a woman must bear the costs of any operations themselves in
the future. The Federal Social Court refers to a judgment of the Federal Constitutional Court on the
third sex. This means that the judges shall shift from their previous case law to transsexuals.
So-called non-binary persons who feel neither as a man nor a woman are entitled to sexually aligned
operations at the expense of statutory health insurance. This was decided by the Federal Social Court
(BSG) in Kassel. The reasoning also results in an end to the claim for costs awarded to court for
transsexuals. However, BSG President Rainer Schlegel appealed to the health insurance companies to
pay at least started operations of transsexuals for reasons of trust.
The complaining person was born biologically female. However, she does not feel like a woman or a man.
In 2019, she therefore had her first name changed and registered under gender "without indication". In
December 2019, she also applied for the assumption of costs for the operational removal of her breasts
at her health insurance company. She suffered from being perceived as a woman because of her breasts
she had explained. The cash register refused and explained whether an operation reduces the pressure
of suffering was not clear at all. The person then had the operation carried out at his own expense and
sued at a reimbursement of the cost of 5305 euros.
As before the Baden-Württemberg State Social Court, the complaint was now not successful before the
BSG. At the same time, the Kassel judges also moved away from their jurisprudence to transsexuals. The
health insurance companies therefore had to pay for gender-equitable operations.
Diversity of identities forces to reassess
The reason given by the BSG declared that this case law was "based on the clearly definable
appearances of the female and male sex". In contrast, new medical guidelines based on the current
scientific findings include "the diversity of all gender identities - including non-inbinary - gender
identities". This also corresponds to the case law of the Federal Constitutional Court on the so-called
third sex.
Against this background, interventions in the healthy body of transsexual or non-binary persons are to be
regarded as a "new method of treatment". It is therefore the first task of the Joint Federal Committee of
Cash registers no longer have to pay: eligible for gender-like surgeries - ..
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Physicians and Health Insurance, which decides on the catalogue of benefits for the statutory health
insurance, "to assess the appropriate application of the new method as well as its effectiveness and
quality against irreversible mistaken decisions to protect the persons concerned against irreversible
mistaken decisions".
"The Senate is considering protection of trust for treatments that have already begun on transsexual
treatments," the SPA concluded. As a rule, health insurance companies fully comply with such an appeal
by the supreme social court.
Source: ntv.de, mau/AFP
