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Draft HHS Rules Would Curb Trans Youth Care by Conditioning Federal Funding

The proposals are slated for early-November release, triggering public comment followed by expected court challenges.

Overview

  • One draft rule would bar federal Medicaid reimbursement for gender-affirming medical care for patients under 18 and prohibit CHIP reimbursement for those under 19.
  • Another draft would withhold all Medicare and Medicaid funding from hospitals that provide pediatric gender-affirming care, an approach experts call unprecedented.
  • Health policy analysts say tying participation in Medicare and Medicaid to ending youth programs would likely force hospitals to shutter these services even for privately insured patients.
  • HHS plans to publish the drafts next month, after which no immediate changes occur as a formal notice-and-comment period begins and litigation is widely anticipated.
  • Civil-rights groups including the ACLU and the Human Rights Campaign condemned the proposals, while major medical organizations continue to support gender-affirming treatments for youth and 27 states already restrict some forms of this care.