Democratic state attorneys general and one Democratic governor from 18 states and the District of Columbia joined in filing the lawsuit, challenging the Trump administration’s efforts to restrict access to gender-affirming care for transgender youth.
Last Thursday, Secretary of Health and Human Services Robert F. Kennedy Jr. issued the following statement: declaration He said what he called “gender-denial procedures” are “not safe or effective as treatments for gender dysphoria, gender nonconformity, or other related disorders in minors, and therefore do not meet professionally accepted medical standards.” This includes surgery, cross-sex hormones, and puberty blockers.
This position is contrary to the position of every major medical association in the United States, and HHS has also threatened to exclude such providers from the federal Medicare and Medicaid programs, even though they are not covered by the programs.
Related: What is gender-affirming care, who uses it, and do they regret it?
The coalition that filed the lawsuit is led by Oregon Attorney General Dan Rayfield. Under a law passed in 2023, Oregon requires insurance companies to cover medically necessary gender reassignment procedures, protecting both patients and health care providers from out-of-state legal challenges.
“By targeting Oregon’s health care providers, HHS is putting health care at risk and forcing families to choose between their personal health care choices and their physician’s ability to practice,” Rayfield said in the paper. press release. “Health care decisions belong to families and their health care providers, not the government.”
“The Kennedy Declaration exceeds the Secretary’s authority and violates the Administrative Procedure Act and the Medicare and Medicaid Act.” lawsuitfiled Tuesday in U.S. District Court in Oregon. “The Kennedy Declaration is procedurally flawed. At the very least, Secretary Kennedy and HHS cannot circumvent the statutorily mandated notice and comment requirements by changing substantive legal standards for administrative agencies.”
“Congress does not authorize the Secretary to define professionally established standards of care,” it continues, “and Congress expressly prohibits federal employees from exercising any oversight or control over the practice of medicine.” The lawsuit names HHS, the Office of Inspector General, Inspector General Thomas March Bell, and Kennedy as defendants.
According to the lawsuit, if federal officials want to change the policy through the rulemaking process, they must follow certain steps and provide 60 days of public comment before the rule takes effect. Concurrent with President Kennedy’s proclamation, HHS proposed rules that would prohibit hospitals from providing gender-affirming care to transgender youth, prohibit them from participating in Medicare and Medicaid, prohibit Medicaid funds from covering gender-affirming care for transgender people under the age of 18, and prohibit Children’s Health Insurance Program funds from covering the care of transgender people under the age of 19. These rules are not part of the regulations because they have not yet been implemented and HHS has given the public until February 17 to submit comments. suit.
Additionally, the U.S. House of Representatives has passed a bill that would criminalize gender-affirming care for transgender youth, but it may not pass in the Senate.
Related: Health policy expert tells RFK Jr. ‘You can’t ban care for trans youth this way’
The lawsuit says Kennedy’s declaration harms transgender youth, their families and health care providers, and jeopardizes the state’s Medicaid program. The lawsuit asks the court to rule the declaration illegal and permanently block its enforcement.
Mr. Layfield is joined in the lawsuit by Governor Josh Shapiro of Pennsylvania and Attorneys General Nicholas W. Brown of Washington, Letitia James of New York, Rob Bonta of California, Philip J. Weiser of Colorado, William Tong of Connecticut, Kathleen Jennings of Delaware, Brian L. Schwalb of the District of Columbia, Kwame Raoul of Illinois, and Aaron M. Frye of Washington. Anthony Brown of Maine, Maryland, Andrea Joy Campbell of Massachusetts, Dana Nessel of Michigan, Keith Ellison of Minnesota, Matthew J. Platkin of New Jersey, Raul Torrez of New Mexico, Peter Neronha of Rhode Island, Charity Clark of Vermont, and Joshua Kaul of Wisconsin.
“Secretary Kennedy’s declaration seeks to further President Trump’s campaign against transgender Americans by seeking to limit access to gender-affirming care for minors,” Bonta said in a statement. press release. “This proclamation is designed to bully hospitals into discontinuing this critical care, which is illegal and circumvents notice-and-comment requirements. In today’s lawsuit, we once again hold the Trump administration accountable for overstepping its authority and violating federal law to ensure transgender people receive the care they need.”
“Trump and RFK Jr. are imposing radical political policies on doctors and families, weaponizing Medicare and Medicaid funding to deny health care to children.” statement From tons. “These extreme actions threaten to devastate health care providers across the country unless they end gender-affirming medicine and replace medical expertise and parental choice with MAGA ideology. This is cruel and lawless, and we are suing to stop them.”
Source: Advocate.com – www.advocate.com
