The U.S. Department of Health and Human Services (HHS) has announced proposed regulatory actions to implement an executive order from President Trump aimed at ending sex-rejecting procedures on minors. These procedures, which include pharmaceutical or surgical interventions to align a child's physical appearance with a gender identity different from their biological sex, are said to pose irreversible harm.
The Centers for Medicare & Medicaid Services (CMS) will propose rules barring hospitals from performing these procedures on individuals under 18 as a condition for participating in Medicare and Medicaid programs. This move aims to prevent federal involvement with organizations that might cause permanent harm to children. CMS's proposal is based on its authority under sections 1861(e)(9), 1871, and 1905(a) of the Social Security Act.
Additionally, CMS plans to prohibit federal Medicaid funding for such procedures on minors, extending the same restriction to the Children's Health Insurance Program (CHIP) for those under 19. Currently, 27 states do not cover these procedures through Medicaid.
HHS Secretary Robert F. Kennedy, Jr., signed a declaration asserting that these procedures fail to meet recognized health care standards. "Under my leadership...the federal government will do everything in its power to stop unsafe, irreversible practices that put our children at risk," Kennedy said.
CMS Administrator Dr. Mehmet Oz emphasized the need for hospitals in federal programs to avoid unproven interventions on children. Meanwhile, the U.S. Food and Drug Administration (FDA) issued warnings to companies illegally marketing breast binders for treating gender dysphoria in children.
HHS also seeks to reverse previous efforts by the Biden administration that included gender dysphoria as a disability under Section 504 of the Rehabilitation Act of 1973. The new rule clarifies that policies limiting sex-rejecting procedures do not violate nondiscrimination requirements.
Last month, HHS released a study titled "Treatment for Pediatric Gender Dysphoria: Review of Evidence and Best Practices," highlighting medical risks associated with altering children's biological sex. Assistant Secretary for Health Admiral Brian Christine emphasized that current evidence does not support puberty blockers or surgeries as safe treatments for pediatric gender dysphoria.
