Media Contact: Katelyn Deckelbaum, katelyn [dot] deckelbaum
gwu [dot] edu (katelyn[dot]deckelbaum[at]gwu[dot]edu)
Two public comments were filed today by 123 public health and health policy deans, chairs and scholars from leading academic institutions nationwide and the American Public Health Association (APHA) opposing two proposed rules issued by the Centers for Medicare & Medicaid Services (CMS) that would significantly restrict access to gender-affirming care for transgender youth.
The first proposed rule, “Hospital Condition of Participation: Prohibiting Sex-Rejecting Procedures for Children” would bar hospitals from participating in Medicare and Medicaid if they provide puberty-pausing medications, hormone therapy, or surgical care for transgender adolescents under age 18.
The second proposed rule, “Medicaid Program; Prohibition on Federal Medicaid Funding for Sex-Rejecting Procedures Furnished to Children” would prohibit federal Medicaid funding for gender-affirming care for individuals under 18 and Children’s Health Insurance Program (CHIP) funding for individuals under 19.
In their comments (comment one, comment two), APHA and the individual signatories argue that both proposals exceed CMS’s statutory authority, violate federal law, and would cause significant individual, community, and economic harm if finalized.
They argue that CMS:
- Failed to meaningfully consider the extensive body of peer-reviewed research demonstrating the safety and effectiveness of gender-affirming care for youth
- Did not adequately assess the harms to patients, providers, hospitals, and communities
- Failed to account for reliance interests of states, hospitals, providers, and families who depend on existing legal frameworks and coverage policies.
For these reasons, APHA and the 129 deans, chairs, and scholars urge CMS to withdraw both proposed rules in their entirety.
-GW-