News & Analysis as of

Department of Health and Human Services (HHS) Gender Identity

Morgan Lewis

16 States Challenge Gender-Affirming Care EO as DOJ Scrutinizes Hospitals, Doctors, and Pharma Manufacturers

Morgan Lewis on

On August 1, 2025, 16 state attorneys general filed a complaint in federal court in Massachusetts against the US administration seeking a declaratory judgment that President Trump’s January 28, 2025 Executive Order 14187,...more

Sheppard Mullin Richter & Hampton LLP

Potential False Claims Act Liability for Providers of Gender-Affirming Care for Minors

On July 9, 2025, the U.S. Department of Justice (“DOJ”) announced it sent more than 20 subpoenas to physicians and clinics involved in providing gender-affirming care to minors, and that the subpoenas related to...more

Epstein Becker & Green

Latest Moves by Federal Agencies Regarding Gender-Affirming Care: Risks Mount for Providers

Epstein Becker & Green on

Since day one, a policy priority of the Administration has been to discourage and prevent gender-affirming care for children and adolescents that involves surgery or medication....more

Foley & Lardner LLP

Gender-Affirming Care: What the Supreme Court’s Ruling in Skrmetti Means for Health Care Providers Nationwide

Foley & Lardner LLP on

On June 18, 2025, the U.S. Supreme Court delivered a major decision in United States v. Skrmetti, allowing Tennessee’s ban on gender-affirming care for minors to take effect. The ruling reflects a substantial realignment in...more

Quarles & Brady LLP

HIPAA Reproductive Health Rule Vacated Nationally

Quarles & Brady LLP on

A federal judge in Texas has vacated almost all of the 2024 HIPAA Rule to Support Reproductive Health Care Privacy that created special protections for reproductive health care information, finding that the U.S. Department of...more

Morgan Lewis

On the Basis of Sex: HHS Rescinds Prior Section 1557 Guidance Interpreting Sex-Based Discrimination

Morgan Lewis on

The US Department of Health and Human Services (HHS) has rescinded several pieces of informal guidance, including its 2021 interpretation of Section 1557 of the Affordable Care Act (Section 1557), in response to executive...more

Woods Rogers

Supreme Court’s Skrmetti Decision Redefines Legal Landscape for Gender-Affirming Care for Youth

Woods Rogers on

On Wednesday, June 18, 2025, the Supreme Court of the United States issued a landmark 6-3 decision in United States v. Skrmetti, directly addressing the constitutionality of state laws banning gender-affirming care for...more

McDermott+

CMS Requests Hospitals Submit Gender-Affirming Care Data- (UPDATED)

McDermott+ on

On May 28, 2025, the Centers for Medicare & Medicaid Services (CMS) sent a letter to “select hospitals” that provide gender-affirming care services, requesting information about how those hospitals adhere to quality standards...more

McDermott Will & Schulte

CMS Requests Hospitals Submit Gender-Affirming Care Data

On May 28, 2025, the Centers for Medicare & Medicaid Services (CMS) sent a letter to “select hospitals” that provide gender-affirming care services, requesting information about how those hospitals adhere to quality standards...more

Sheppard Mullin Richter & Hampton LLP

Recent Legal and Regulatory Developments Involving Gender-Affirming Care

On January 28, 2025, President Trump signed Executive Order 14187 (the “EO”), which directed the federal government to take steps to ensure that the federal government does not “sponsor, promote, assist, or support” the...more

ArentFox Schiff

Gender-Affirming Care for Minors: Executive Order 14187 and Its Implications for Hospitals and Health Systems

ArentFox Schiff on

President Trump’s Executive Order (EO) 14187, “Protecting Children from Chemical and Surgical Mutilation,” represents a significant shift in federal policy regarding gender-affirming care (GAC) for minors....more

Mintz - Health Care Viewpoints

CMS’s ACA Marketplace Integrity and Affordability Proposed Rule – What it may mean for Health Plans

Earlier this month, the Centers for Medicare & Medicaid Services (CMS) released its 2025 Marketplace Integrity and Affordability Proposed Rule (Proposed Rule), proposing a number of enrollment and eligibility policies...more

Epstein Becker & Green

Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

Epstein Becker & Green on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the...more

Fisher Phillips

So You’re Concerned About Losing Federal Funding: 3 Things Schools Should Do Right Now

Fisher Phillips on

Many K-12 and institutes of higher education are concerned about the potential threat to their federal funding given recent changes to the way the government is interpreting existing federal law to achieve certain policy...more

Seyfarth Shaw LLP

HHS’ Withdrawal of 2022 Guidance Raises Questions about Coverage for Gender-Affirming Care

Seyfarth Shaw LLP on

In a move with potentially significant implications for entities subject to the Affordable Care Act, the Department of Health and Human Services (HHS) has reversed course and now contends that Section 1557 of the Affordable...more

Alston & Bird

Health Care Week in Review | Senate Holds Hearings for NIH and FDA Nominees; CMS, HRSA, and SAMHSA Advise Against Forms of...

Alston & Bird on

Below is Alston & Bird’s Health Care Week in Review, which provides a synopsis of the latest news in health care regulations, notices, and guidance; federal legislation and congressional committee action; reports, studies,...more

McDermott Will & Schulte

HHS Signals Action on Gender-Affirming Care

On March 5, 2025, the Center for Clinical Standards and Quality (CCSQ) within the Centers for Medicare & Medicaid Services (CMS) released a Quality & Safety Special Alert Memo for hospitals related to President Trump’s...more

Morgan Lewis - ML Benefits

US Administration’s Executive Orders and Actions’ Impact on Group Health Plans

Since taking office, President Donald Trump has issued several executive orders (EOs) and actions that may have an impact on group health plans. These EOs provide insight into the US administration’s policies and outline...more

Snell & Wilmer

Nationwide Preliminary Injunction Issued on Executive Order Limiting Gender-Affirming Care

Snell & Wilmer on

On March 4, 2025, a federal judge in Maryland issued a preliminary injunction to an executive order restricting access to gender-affirming care for individuals under the age of nineteen (the Executive Order)....more

McGuireWoods Consulting

Health Care Executive Orders And Legal Actions: Part One

This is part one of a series of executive orders related to health care. Transgender Care - Protecting Children from Chemical and Surgical Mutilation...more

Snell & Wilmer

Federal Judge Extends Block on Executive Orders Limiting Gender-Affirming Care

Snell & Wilmer on

On January 28, 2025, President Trump issued an executive order restricting access to gender affirming care for individuals under the age of nineteen (the Executive Order). Within two weeks of its issuance, two federal courts...more

Woods Rogers

Employee Benefits Likely Impacted by Executive Orders

Woods Rogers on

During the first weeks of the second Trump Administration, a number of executive orders and other actions have been implemented, with some having potential implications for employee benefits. Executive Orders can, and do,...more

Husch Blackwell LLP

HHS Rescinds 2022 Guidance on Anti-Discrimination and Privacy in Gender-Affirming Care

Husch Blackwell LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a letter rescinding with immediate effect its March 2022 “HHS Notice and Guidance on Gender Affirming Care,...more

Sheppard Mullin Richter & Hampton LLP

Updated: The Future of Gender-Affirming Care – New Legal and Regulatory Considerations for Hospitals Providing These Services

As legal and policy developments continue to evolve, hospitals and health care professionals that provide gender-affirming care face new uncertainties regarding federal funding, compliance, and patient access. While these...more

Quarles & Brady LLP

Trump Administration Rescinds HHS Guidance on Privacy of Gender Affirming Care Data

Quarles & Brady LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (“HHS”) took action pursuant to President Trump’s Executive Order 14187 (“EO 14187”), which is aimed at ending gender affirming care for minors. EO 14187...more

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