Federal Judge Hugo Vaca Narvaja, from Court 3 of Córdoba, ordered Boreal Cobertura de Salud SA to cover 100% of facial feminization surgeries for E.L.C., a young transgender woman. The health insurance company refused payment, since the contract excludes aesthetic procedures. The ruling became final, disregarding what was contractually agreed.
The interventions include frontal feminization, feminizing rhinoplasty, and remodeling mentoplasty, all detailed in a budget issued by a private clinic. Even so, Vaca Narvaja classifies them as mandatory "bodily adaptation", even though none are included in the Mandatory Medical Plan or the signed contract.
From health insurance to NGO: the judge turns your fee into a rainbow handout
Boreal defined them as "aesthetic beautification" not covered. However, Vaca Narvaja dismissed this, invoking Law 26.743 on Gender Identity. This way, he imposes full coverage without judicial authorization, trampling on the voluntary agreements between the company and its members.
Meanwhile, Milei's government excluded surgeries for minors, maintaining the rule for adults, although the decree doesn't explicitly list these facial operations. Despite this, the judge includes them under the argument of "psychophysical well-being," inventing obligations that do not exist in the regulation.
As a result, forcing coverage violates private property and disregards the contracts signed between the parties. The member had contracted a plan with clear aesthetic exclusions, but even so, the ruling imposes an unforeseen expense on the company. Ultimately, the judicial decision represents an example of the so-called "scalpel socialism", where the State redefines what a private agreement must cover.
