
(WASHINGTON) — The Department of Health and Human Services (HHS) announced on Thursday a series of proposed actions to limit access to gender-affirming care for minors.
It comes after HHS released a final version of its report on pediatric gender-affirming care last month, claiming it found “medical dangers posed to children,” which received pushback from medical groups.
Speaking at press event, HHS Secretary Robert F. Kennedy said doctors providing gender-affirming care for minors are endangering lives and lambasted medical organizations that have supported such care for transgender youth.
“They betrayed their Hippocratic Oath to do no harm,” Kennedy said. “So-called ‘gender affirming care’ has inflicted lasting physical and psychological damage on vulnerable young people. This is not medicine. It is malpractice. We’re done with junk science, driven by ideological pursuits, not the well-being of children.”
Kennedy also signed a declaration finding that gender-affirming surgeries do not meet professional recognized standards of health care, with an HHS press release stating that doctors who perform these procedures would be deemed “out of compliance with those standards.”
The proposed regulations include actions from the Centers for Medicare & Medicaid Services (CMS), the Food and Drug Administration (FDA) and the Office of Civil Rights (OCR).
CMS will issue a proposal barring hospitals from participating in Medicare and Medicaid programs if they provide gender-affirming to children under age 18.
Another CMS proposal will prohibit federal Medicaid funding for hospitals providing gender-affirming care on children under age 18 and funding from the federal Children’s Health Insurance Program.
Additionally, the FDA is issuing warning letters to 12 manufacturers and retailers for “illegal marketing” of breast binders, a compression garment worn to flatten the appearance of breasts, to children with gender dysphoria.
The agency said the letters will note that the companies are facing significant regulatory violations and how to take corrective action.
FDA Commissioner Dr. Marty Makary claimed that long-term use of breast binders among children has been linked to pain and compromised lung function. Physicians say chest binding is generally considered safe when practiced with a physician’s guidance.
“Pushing transgender ideology in children is predatory. It’s wrong, and it needs to stop,” Makary said at Thursday’s press event.
The top pediatrician group in the nation reacted to Kennedy’s declaration and the proposed actions, saying they set a “dangerous precedent.”
“Unprecedented actions and harmful rhetoric [took] place today,” the American Academy of Pediatrics said in response to the HHS announcement. They went further, saying that the proposed rules were a “baseless intrusion in the patient-physician relationship.”
Lastly, the HHS announced the OCR will move to reverse a Biden-era rule that included gender dysphoria within the definition of a disability.
November’s HHS report alleged that gender-affirming care — including puberty blockers, cross-sex hormones and gender-affirming surgeries — caused significant, long-term damage.
An early version of the report, published in May, referred to itself as a “comprehensive review” of transgender care for children and teens, calling for a broader use of psychotherapy for young people with gender dysphoria rather than gender-affirming medical interventions.
The HHS referred to the final version of the report as “peer-reviewed,” but some of those who reviewed the contents are researchers who have spoken against gender affirming care.
Some major medical groups pushed back, stating that psychotherapy first is the standard approach in gender-affirming care and that additional care, such as hormonal therapies, only occurs after in-depth evaluations between patients and doctors.
“Everyone in this country should have access to the care they need to stay healthy, including transgender and nonbinary young people,” Rodrigo Heng-Lehtinen, senior vice president of public engagement campaigns at The Trevor Project, a nonprofit focusing on suicide prevention efforts among LGBTQ+ youth, said in a statement.
“Personal medical decisions ought to be made between patients, their doctors, and their families — not through a one-size-fits-all mandate from the federal government,” the statement continued. “The multitude of efforts we are seeing from federal legislators to strip transgender and nonbinary youth of the health care they need is deeply troubling.”
In January, Trump signed an executive order stating the U.S. would not “fund, sponsor, promote, assist, or support” gender transition of those under age 19 and would “rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.”
Transgender adults and youth may experience extreme psychological distress due to a mismatch in their gender presentation and identity, medical groups have said. They experience significantly higher rates of suicide than the general population, but some studies suggest gender-affirming care eases those feelings of distress.
While some individuals and groups have called for a slower approach to gender-affirming care for minors, other pediatric gender care experts and advocates have said ending such care can have a harmful effect on patients’ mental health and well-being.
ABC News’ Youri Benadjaoud contributed to this report.
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