HHS Implements Extensive Regulations to End Gender Transition Procedures for Minors
The U.S. Department of Health and Human Services (HHS) has announced six regulatory actions aimed at ending sex-rejecting medical procedures on minors, following an executive order from January during the Trump administration.
These measures include proposals from the Centers for Medicare & Medicaid Services (CMS) that would prohibit hospitals from participating in Medicare or Medicaid if they provide puberty blockers, cross-sex hormones, or certain surgeries to individuals under the age of 18. Additionally, a separate CMS rule would withhold federal Medicaid funding for gender-affirming procedures involving minors under 18, extending this restriction to the Children's Health Insurance Program (CHIP) for those under 19.
The intention behind the regulations is to ensure that no federal dollars directly support gender transition treatments for children. Secretary Xavier Becerra and other officials have emphasized the scientific and ethical foundations for these actions. HHS also highlighted a signed declaration stating that such procedures do not meet professional medical standards.
Moreover, the Food and Drug Administration (FDA) has issued warning letters to twelve manufacturers and retailers for illegally marketing breast binders to minors.
HHS proposes reversing a Biden-era expansion that categorized gender dysphoria as a disability protected under Section 504 of the Rehabilitation Act. The proposed revision would exclude gender dysphoria not arising from physical impairments.
A November peer-reviewed report by HHS warned of long-term risks associated with medical treatments that alter a child's biological sex, specifically citing concerns with puberty blockers, cross-sex hormones, and related surgeries. The report indicated that medical practitioners utilizing such treatments might be out of compliance with established standards of care.
These regulatory changes have sparked political debate, with Democrats expected to oppose the crackdown on gender-affirming care for minors.