Re: Comments Submitted in Opposition to Proposed Rules Concerning Restrictions on Providing Gender-affirming Care to Minors

A coalition of 14 local governments submitted two comments to the U.S. Department of Health and Human Services (HHS) challenging proposed rules that would ban gender-affirming care for young people and negatively impact public health systems. Public Rights Project, along with San Francisco, New York, Boston, Santa Clara, and Chicago, prepared and filed the comments on the coalition’s behalf. 

The Centers for Medicare & Medicaid Services, an agency within HHS, is proposing a rule that prohibits hospitals from providing this medically necessary care or risks them losing all Medicare and Medicaid funding. A second rule bans Medicaid and the Children’s Health Insurance Program from covering treatment for gender dysphoria for young people.

Our comments make clear that the proposed rules ignore the severe consequences caused by removing medically necessary treatment from communities. We explain that:

• Gender-affirming care is medically necessary, evidence-based treatment for gender dysphoria.
• Treatment is progressive and tailored to a patient’s needs, refuting HHS claims that pediatricians are pushing hormone therapy/surgical intervention onto patients immediately.
• Denying treatment for gender dysphoria causes harm to individuals and will put a strain on our entire public health system and our local government support systems.

Our comments argue that the rules are unconstitutional and violate the Americans with Disabilities Act and the Rehabilitation Act’s prohibitions on disability-based discrimination.

Read the comments.