A coalition of 19 states and Washington, D.C., have filed a lawsuit challenging a declaration from HHS Secretary Robert F. Kennedy Jr. that threatens to cut off federal funding to hospitals that provide certain gender-affirming care to minors.
Here are seven things to know:
1. The plaintiffs include Oregon, Washington, New York, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, Rhode Island, Vermont, Washington, D.C., Wisconsin, and Pennsylvania, represented by Gov. Josh Shapiro.
2. The lawsuit, filed Dec. 23 in the U.S. District Court for the District of Oregon, Eugene Division, names HHS; Mr. Kennedy; Thomas March Bell, inspector general of HHS; and the Office of Inspector General as defendants.
3. The lawsuit challenges a Dec. 18 declaration issued by Mr. Kennedy, which states HHS may bar healthcare providers from participating in Medicare, Medicaid and other federal healthcare programs if they provide certain medical interventions for gender dysphoria to children and adolescents.
4. The declaration exceeds the secretary’s authority and violates the Administrative Procedure Act and Medicare and Medicaid statutes, including requirements for notice-and-comment rulemaking, according to the complaint. The states also allege the action violates Congress’ prohibition on federal officers exercising “any supervision or control over the practice of medicine.”
5. The states allege the declaration creates immediate operational and financial risk for hospitals, clinics and physician groups by threatening Medicare and Medicaid participation — including for organizations that provide the disputed care outside federally funded programs.
6. The states are asking the court to block enforcement of the declaration and declare it unlawful, arguing HHS cannot change standards of care or threaten federal program participation without statutory authority and required rulemaking.
7. Several hospitals and health systems have reduced or cut gender-affirming care programs for minors in response to pressure from the White House in 2025.
Becker’s has reached out to HHS and will update this story if more information becomes available.
