• The federal health agency's declaration is considered unlawful and coercive. The coalition of states argues in its lawsuit that the Department of Health and Human Services (HHS) is attempting to coerce medical providers. Their legal action contends that the department's declaration describing gender-affirming care for minors as unsafe is not only inaccurate but also represents an unlawful overreach of authority.
• The agency allegedly violated federal procedure in issuing its new policy. According to the lawsuit, HHS failed to follow the legally required process for changing health policy. The states claim that federal law mandates a public notice and comment period before such a significant change is implemented, a step they allege the department skipped.
• The basis for the HHS policy is factually inaccurate, according to medical experts. Major U.S. medical organizations, such as the American Medical Association, have criticized the departmental report that HHS used to justify its declaration. These groups, which support access to gender-affirming care for minors, have characterized the report as inaccurate.
How it may affect me
As a U.S. reader:
• Access to gender-affirming care for minors may be reduced, as providers could lose federal Medicare and Medicaid funding if they offer these services.
• The lawsuit creates legal uncertainty for hospitals and families over whether this specific medical care can be provided without risking federal penalties.
• Some hospitals and state Medicaid programs may face cuts to federal funding, which could potentially affect their overall budgets and the services they can offer.
