Bye. joins 18 states to reject plan to block gender-affirming care – what HHS calls “gender rejection” – care

Governor Wes Moore signed an executive order protecting gender-affirming care in Maryland on June 5, 2023. (Photo courtesy of the Governor’s Office)

Maryland joined 18 states and the District of Columbia on Tuesday in a lawsuit challenging last week’s Health and Human Services declaration that health care facilities that provide gender-affirming care to minors would be excluded from the Medicare and Medicaid programs.

The lawsuit, filed Tuesday in U.S. District Court in Oregon claims that HHS Secretary Robert F. Kennedy Jr. he overstepped his authority by issuing a Dec. 18 declaration that “would effectively ban, by decree, all health care.” He would also fail to follow proper procedures for promulgating modern policies, interfere with states’ rights to run Medicaid programs and regulate health care, and deny care to youth who need it.

“Health care decisions should be made by physicians and patients, not by politicians in Washington who threaten to destroy health care providers’ careers and spread fear among young transgender people and their families,” Maryland Attorney General Anthony Brown said in a statement tardy Tuesday evening.

“It’s not just about upholding the law, even though HHS is clearly violating it. It’s about protecting vulnerable young people who deserve the same dignity, respect and access to health care as everyone else,” Brown said.

For many of the 20 Democrat-led jurisdictions included in Tuesday’s lawsuit, such as Maryland, it was the second day in a row that they went to federal court in Oregon to challenge the Trump administration’s policies: in total As of Monday, 22 jurisdictions had sued in an attempt to block the administration’s attempt to defund the Consumer Financial Protection Bureau.

Many states are now veterans of lawsuits against President Donald Trump and his administration. For Brown, this week was his 47th and 48th lawsuits against the administration and its policies since Trump returned to office in January.

The latest lawsuit is a response to Kennedy’s lawsuit declaration on “Safety, Effectiveness, and Professional Standards of Care for Sexual Refusal Procedures in Children and Adolescents.” The document states that health care facilities will not be allowed to participate in Medicare, Medicaid and other federal programs if they provide gender-affirming care – including puberty blocking, hormone treatment or surgery – to people under 18 years of age.

Part of the declaration states that methods “used with children and adolescents are neither safe nor effective as a treatment for gender dysphoria, gender non-conformity, or other related disorders in minors.” The declaration also states that it supersedes “statewide or national standards of care.”

In a press release accompanying the announcement, Kennedy said it was issued in accordance with Trump’s Jan. 28 decision executive order “protecting children from chemical and surgical mutilation.” The release also noted that the Food and Drug Administration has issued warning letters to 12 manufacturers and retailers it says are selling chest binders to children to treat gender dysphoria, and that the HHS Office for Civil Rights is working to reverse a Biden administration policy that classified gender dysphoria as a disability.

Tuesday’s lawsuit alleged that Kennedy’s declaration would negatively impact transgender youth, thousands of hospitals providing Medicare and Medicaid programs and harm doctors who provide crucial health care.

“The Kennedy Declaration also seeks to establish standards of care and supersede other standards of care, despite the Medicare statute’s express prohibition against any federal interference,” the lawsuit says.

The 41-page lawsuit also discusses the policies and protections for transgender youth in each of the state lawsuits. As he noted, in Maryland Trans Health Equity Act went into effect in 2023, stating that the state’s Medicaid program “covers” gender-affirming care, which ensures lower-income residents have access to these procedures. The law also ensures that the state provides care with or without federal funds.

The state Department of Health reports that in 2024, Maryland Medicaid spent $1.7 million to fund more than 1,600 unique office visits for gender-affirming care services. That number currently includes about $900,000 in federal funding.

“We oppose this cruel and unlawful action because every Marylander, no matter who they are, deserves compassionate, evidence-based health care from healthcare providers who will not be penalized for doing the right thing,” Brown said in a statement.

In addition to the District and Maryland, other states included in Tuesday’s lawsuit include California, Colorado, Connecticut, Delaware, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont and Wisconsin.