Unilateral declaration by the Secretary sets an independent standard for the practice of medicine

Lexology December 30, 2025
Reed Smith LLP

Key takeaways

HHS takes unprecedented action to unilaterally regulate practice of medicine nationwide: Regulation of gender affirming care now has far-reaching implications for all US health care participants
The declaration, immediately effective, says gender affirming care for minors is not within professionally recognized standards and asserts HHS may exclude providers from federal health care programs
Proposed rules seek to change Medicare conditions of participation for hospitals and Medicaid funding regulations to ban gender affirming care for minors
HHS has begun taking action under declaration by referring Seattle Children’s Hospital to HHS Office of Inspector General “for failure to meet professional recognized standards of health care,” which could result in exclusion from participation in federal health care programs

Restricting...

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