HHS Proposes Rules to Penalize Gender-Affirming Care for Youth
NEWS & RESEARCH
News & Research
In February 2026, the Department of Health and Human Services (HHS) finalized two rules targeting gender-affirming care for minors. The first blocks Medicaid and Medicare payments to health systems providing such care—including puberty blockers and hormones—to patients under 18. The second bars any hospital providing these services from participating in federal Medicaid and Medicare programs entirely.
SOURCES: Guardian | Mother Jones
ANALYSIS & OPINION
Critics argue these policies ignore medical consensus. Human genomics expert Dr. Jey McCreight noted that officials "don’t actually understand the science" of transgender healthcare. Jennifer Levi of GLAD Law added that by ignoring science, HHS "ultimately erodes public health" while specifically harming the LGBTQ+ community.
SOURCES: Guardian | Mother Jones
HOW TO FIX IT
Federal Action:
Pass the Transgender Healthcare Access Act and the Equality Act to codify nondiscrimination protections.
Adopt the Transgender Bill of Rights to mandate federal protections for nonbinary and transgender individuals.
Defeat the Protect Children’s Innocence Act and similar legislation that criminalizes medical care.
Litigate: Support lawsuits challenging the authority of HHS and other agencies to regulate state-level medical practices.
State Action:
Enact ”Shield Laws”: 33 states currently lack legislation protecting access to gender-affirming healthcare.
Legislation: H.R.2487 - Transgender Health Care Access Act | H.R.15 - Equality Act | H.R.3492 - Protect Children’s Innocence Act
