HHS Announces Proposed Rules Prohibiting Hospitals from Providing Gender Affirming Care For Children

Today, the U.S. Department of Health and Human Services (HHS) announced a series of proposed regulatory initiatives to carry out President Trump’s Executive Order from earlier this year directing HHS to take action that would bar funding to and prohibit hospitals from providing gender affirming care for children.  These procedures include pharmaceutical or surgical interventions of specified types that attempt to align a child’s physical appearance or body with an asserted identity different from their sex.

• CMS has released a notice of proposed rulemaking proposing to prohibit hospitals from “performing sex-rejecting procedures” on children under age 18 as a condition of participation in Medicare and Medicaid programs
• CMS has released an additional notice of proposed rulemaking to prohibit federal Medicaid funding for “sex-rejecting procedures” on children under age 18.  The same prohibition would apply to federal Children’s Health Insurance Program funding for these procedures on individuals under age 19
• Both proposed rules are scheduled to officially publish in the federal register tomorrow, and there will be a 60-day notice and comment period before the rules can be finalized
• There is no immediate change to Medicaid funding

Attorney General Tong released a response statement to HHS’s announcement.

The Connecticut Hospital Association also provided a statement in reaction to the proposed rules saying in part, “The federal administration has been relentless in advancing actions that pose serious threats to healthcare providers and access to gender-affirming care. Hospitals and caregivers are being forced to navigate increasingly complex and difficult decisions as the federal government wields very real threats that could jeopardize care for all patients.”

“Patients must come first and Connecticut hospitals are continuing to help families navigate care.  Threatening healthcare providers and holding Medicare and Medicaid funding hostage are devastating tactics intended to leave hospitals with little choice.  We are grateful for the continued support of Governor Ned Lamont and for the ongoing dialogue with state officials and leaders, which remains essential to understanding the impact of these increasing federal actions and to working collaboratively on solutions that protect patient care and access.”

Read CHA’s full statement here.