Federal Bureau of Prisons Makes Major Change in Transgender Medical Policy
A settlement was announced today in the case of Vanessa Adams, a Federal Bureau of Prisons (BOP) inmate at FMC Butner in North Carolina who has gender identity disorder (GID). Ms. Adams sued BOP in order to receive appropriate treatment for her GID.
Ms. Adam’s challenge to BOP’s treatment of transgender prisoners has resulted in BOP ending its so-called “freeze frame” policy in which treatment for any person with GID is kept frozen at the level provided at the time he or she entered the federal prison system. In Ms. Adams’ case, this meant that because she had not received treatment for GID before being incarcerated, BOP refused to provide her with medically necessary care even though its own doctors diagnosed her with GID, told her about treatments available for GID, and knew about the seriousness of her medical condition.
“BOP’s freeze frame policy trapped transgender prisoners in despair, leading often to depression, suicide attempts, and in many cases, serious self-harm, as was the case with Vanessa,” said Jennifer L. Levi, Transgender Rights Project Director for Gay & Lesbian Advocates & Defenders (GLAD).
The change in policy was promulgated via two memoranda, dated May 31, 2011 and June 15, 2010, from BOP’s Medical Director to all BOP’s chief executive officers. The May 2011 memorandum ends:
In summary, inmates in the custody of the Bureau with a possible diagnosis of GID will receive a current individualized assessment and evaluation. Treatment options will not be precluded solely due to level of services received, or lack of services, prior to incarceration.
The memo also states that “current, accepted standards of care will be used as a reference for developing the treatment plan.”
The memos have been distributed to all individuals in the prison system who have been diagnosed with GID, as well as to the medical staff treating these prisoners.
In addition to GLAD, Ms Adams was represented by Florida Institutional Legal Services (FILS), the National Center for Lesbian Rights (NCLR), Bingham McCutchen LLP, and Allyson Kurker.
Read the full press release [link to press release]