Legal Battle Over HHS Regulations on Gender-Affirming Procedures
A coalition of nineteen Democrat-led states, along with the District of Columbia, has initiated a lawsuit against the U.S. Department of Health and Human Services (HHS). The states are challenging proposed rules that would prohibit hospitals involved in Medicare and Medicaid from performing gender-affirming surgeries on minors.
The legal action is spearheaded by New York Attorney General Letitia James. James made the announcement on Tuesday, highlighting the states’ grievance with the federal department’s regulatory changes.
“[HHS Secretary Robert F. Kennedy Jr.] cannot unilaterally change medical standards by posting a document online, and no one should lose access to medically necessary health care because their federal government tried to interfere in decisions that belong in doctors’ offices,” James declared. She emphasized the impact on “young people who need care, parents trying to support their children, and doctors who are simply following the best medical evidence available.”
Last week, Kennedy publicized the new rules aimed at excluding medical centers performing cosmetic sex change operations or providing hormonal treatments for children with gender dysphoria from federal programs. He signed a declaration asserting that “sex-rejecting treatments on children do not meet professionally recognized standards of health care.”
The declaration describes “sex-rejecting procedures” as interventions like puberty blockers, cross-sex hormones, and surgeries intended to align physical appearance with gender identity. The agency argues that these procedures can result in “irreversible damage, including infertility, impaired sexual function, diminished bone density, altered brain development, and other irreversible physiological effects.”
Kennedy’s announcement followed closely on the heels of the U.S. House of Representatives passing a bill banning gender transition procedures for minors. The bill faces slim chances in the U.S. Senate. Across the country, twenty-seven states have enacted similar bans.
The lawsuit, filed in the U.S. District Court for the District of Oregon, Eugene Division, claims the rules appeared “without warning,” exceed the Secretary’s authority, and breach the Administrative Procedure Act and the Medicare and Medicaid statutes.
The complaint contends, “At minimum, Secretary Kennedy and HHS cannot circumvent statutorily mandated notice and comment requirements by changing substantive legal standards by executive fiat.” It also notes the “immediate, significant, and harmful impacts” on the states as Medicaid program administrators and medical practice regulators.
Kennedy’s declaration, titled “Safety, Effectiveness, and Professional Standards of Care for Sex-Rejecting Procedures on Children and Adolescents,” indicates that “current medical evidence does not support a favorable risk/benefit profile for” such surgeries for minors and questions their effectiveness in reducing mental health conditions or gender dysphoria symptoms.
“So-called ‘gender-affirming care’ has inflicted lasting physical and psychological damage on vulnerable young people,” Kennedy stated during a press conference. “This is not medicine; it is malpractice.”
In May, HHS issued a report titled “Treatment for Pediatric Gender Dysphoria: Review of Evidence and Best Practices“, outlining the risks associated with these procedures, including potential infertility, sexual dysfunction, and other health complications.
Meanwhile, European countries like the U.K., Sweden, and Norway have been reevaluating their approaches to treating gender dysphoria in children. The U.K.’s National Health Service paused new appointments for minors last year following a review by Dr. Hilary Cass, which found a lack of evidence on the long-term outcomes of such interventions.
This article was originally written by www.christianpost.com
