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HHS Starts Rulemaking to Bar Youth Gender Care at Medicare and Medicaid Hospitals

The proposal enters a formal comment period before any restrictions could take effect.

Overview

  • CMS proposed conditioning hospital participation in Medicare and Medicaid on not providing puberty blockers, cross-sex hormones or surgical transition care to anyone under 19, while also barring Medicaid and CHIP payments for such care.
  • FDA issued warning letters to 12 manufacturers and retailers of chest binders, citing illegal marketing to minors for treating gender dysphoria.
  • HHS’ Office for Civil Rights proposed revising Section 504 to specify that gender dysphoria is not a disability unless it results from a physical impairment.
  • The actions are not final, include at least a 60-day public comment period, are expected to draw lawsuits, and have already prompted some hospitals to pause or curtail youth programs.
  • The House passed HR 3492 to criminalize gender-affirming care for minors with penalties of up to 10 years in prison if enacted.