Washington, D.C. – This week, the Trump administration issued several proposed rules that, if implemented, would significantly restrict access to gender-affirming health care for transgender youth nationwide and increase discrimination against transgender people. The National Health Law Program (NHeLP) condemns this blatant attack on transgender individuals and reaffirms that all young people should have access to medically necessary care, including gender-affirming care.
One proposal bars federal reimbursement for a broad array of medically necessary health services provided to transgender people under the age of 18 in Medicaid and under the age of 19 in the Children’s Health Insurance Program (CHIP). A second proposed rule would prohibit hospitals from participating in the Medicare and Medicaid programs if they provide specified gender-affirming care services to young people, which would also impact individuals and families with other types of health coverage, including those who would pay for care out of pocket. “These are proposed rules and do not yet have any legal effect,” stated Skyler Rosellini, NHeLP’s Assistant Director of California Policy. “Hospitals and other health care institutions should continue to provide legal gender-affirming care to young people consistent with existing law.”
The Administration’s proposals are just the latest in a series of hateful initiatives targeting transgender and non-binary persons. Gender-affirming care is safe and effective. The proposed rules mischaracterize the state of the scientific evidence, which overwhelmingly supports the provision of gender-affirming care for youth. If finalized, these rules would mark a pivotal shift in federal health care policy, undermining decades of efforts to create a more equitable health care system free from discrimination, and to ensure that young people have access to the wide range of health care services they need.
“These rules prioritize fear-based misinformation and harmful narratives over scientific and evidence-based treatment to distract from the real threat: massive cuts to Medicaid,” continued Rosellini. “These proposed rules are part of a broader attack on transgender people’s bodily autonomy, health and well-being, intended to severely restrict their ability to access medically necessary care. They are yet another attempt by the Trump Administration to erase and dehumanize transgender people. Exclusionary and reckless policies that cherry pick who is and is not deserving of care give the Administration more power to restrict more people’s care.”
“Restricting access to gender-affirming care under Medicaid and CHIP would disproportionately and unfairly harm low-income young people,” said Abigail Coursolle, NHeLP Senior Attorney. “NHeLP remains committed to advocating for a system where everyone can access the health care that they need—which unequivocally includes gender-affirming health care.”
The Department also issued a third rule, wrongfully attempting to redefine disability to exclude gender dysphoria, undermining the rights of transgender people with disabilities to access care free from discrimination.
In the face of escalating attacks on transgender people across the country, NHeLP continues its work to defend critical health care access and uphold the rights and dignity of all.
