[moxie]

I think a potential issue with this could be that if it is approved for the DOC to pay for the surgery, that it could send a message to people that "Hey, if I commit this crime and I am incarcerated in the state penal system (not the city/county jail) that I could get this surgery". Therefore, for some people who feel very hopeless and see as this as their only option to get the surgery, will commit crimes for this sole purpose. This might not seem logical to you (as a whole), and even preposterous, but very plausible.

Look at the recidivism rates in the US. More than 60% re-offend within 3 years (most within the first 6-12 months) of release, many of those people re-offend because of the limited options available to them upon release due to laws and regulations that vary from state-to-state. Healthcare is one of those limited options. (If you are interested in this type of reading, I recommend When Prisoners Come Home:Parole and Prisoner Reentry by Joan Petersilia)

In an ideal world, everyone would be able to get the healthcare they need and deserve, so this wouldn't be an issue and the lawsuit would be moot. But that is not how the US is in regards to healthcare currently.