CMS Proposes New Rules Blocking Funding to Providers of Gender-Affirming Care to Minors

Lexology December 19, 2025
Hall Render Killian Heath & Lyman PC

On December 18, 2025, the Centers for Medicare & Medicaid Services (“CMS”) issued two proposed rules aimed at limiting provision of gender-affirming care to minors (each a “Proposed Rule” and, collectively, the “Proposed Rules”).

• The first rule would add a new Condition of Participation (“CoP”), prohibiting a hospital from performing “sex-rejecting procedures” on minors, in order to participate in the Medicare and Medicaid programs.
• The second rule prohibits state Medicaid and CHIP agencies from covering “sex-rejecting procedures” on minors.

The Proposed Rules define “sex-rejecting procedures” to mean “any pharmaceutical or surgical intervention that attempts to align a child’s physical appearance or body with an asserted identity that differs from the child’s sex by either of the following: (1)...

Today's Sponsors

Today's Sponsor