CMS has publicly proposed a new rule that would ban Medicare and Medicaid reimbursements to hospitals that provide sex-trait modification to minors.
Becker’s reached out to CMS for clarity on this proposed rule, but has not heard back as of Aug. 11.
Here’s what to know:
1. The rule, “Medicare and Medicaid Programs; Hospital Condition of Participation: Prohibiting Sex Trait Modifications for Children,” only lists the title on the Office of Information and Regulatory Affairs website, as of Aug. 7.
2. The rule was submitted to the White House Office of Management and Budget, which must perform a review before CMS can publish the proposed rule for public comment, Stat reported.
3. Although the rule has not yet been officially promulgated — or actually written — hospitals across the country have already paused or restricted many of their gender-affirming care programs for minors. In April, CMS told state Medicaid agencies to not cover hormone therapies or gender-affirming procedures for individuals 18 or younger. A month later, CMS launched an investigation into an unspecified number of hospitals offering gender-confirming care to children.
5. On Aug. 1, 16 states and the District of Columbia filed suit against President Donald Trump and the Justice Department, alleging the administration has illegally blocked necessary medical care for transgender minors. The lawsuit cites Mr. Trump’s Jan. 28 executive order to restrict federal funding and support for hospitals that provide gender-affirming care for minors. Several federal agencies have since unlawfully targeted gender-affirming care, according to the lawsuit.
6. CMS and HHS are only a few government departments eyeing gender-affirming care. Earlier this year, the FBI launched a criminal investigation into three pediatric hospitals for gender-transition offerings to minors. The Federal Trade Commission also held a workshop last month on so-called “deceptive trade practices” related to medical institutions’ sex-trait medical modifications for children.
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