106 Members of Congress Demand CMS Abandon Proposed Anti-Trans Healthcare Rules
Washington, DC — Today, Equality Caucus Co-Chair Rep. Becca Balint (VT-AL), Transgender Equality Task Force Co-Chairs Rep. Pramila Jayapal (WA-07) and Rep. Sara Jacobs (CA-51), and Equality Caucus Vice Chairs Rep. Maxine Dexter (OR-03), Rep. Andrea Salinas (OR-06), and Rep. Mike Quigley (IL-05) led 106 Members of Congress in a comment letter opposing two rules proposed by the Trump Administration that would decimate access to medically-necessary care for young transgender people:
In their letter, Members state:
“If finalized, these rules will harm our transgender constituents and interfere with parents’ ability to provide their transgender children with the medically necessary care they, their children, and their doctors agree are needed. Further, these rules exceed the Centers for Medicare & Medicaid Services (CMS) statutory authority—and set a dangerous precedent of expanding the federal government’s role in the regulation of the practice of medicine. We urge CMS to abandon any effort to finalize these rules so our transgender constituents and their families can continue to get the medical care they need.”
Members warn these rules would decimate access to medical care for transgender young people:
“Together, these rules dramatically expand the role of the federal government in the regulation of the practice of medicine in the United States. The Conditions of Participation rule, if finalized, would mark the first time that CMS has conditioned participation in the Medicare and Medicaid programs on cessation of a particular health care service—in this case, a service that major American medical associations recommend. Ninety-six percent of U.S. hospitals have at least half of their inpatient days funded by Medicare and Medicaid; threatening to cease hospitals’ participation in these programs based on those hospitals’ provision of a particular healthcare service leaves hospitals with few, if any, options for continuing to provide recommended care to American youth.”
The Members also argue that these proposed rules would interfere with parents’ rights:
“We believe that families should be able to make their own medical decisions, in consultation with their providers, without interference by politicians motivated by political agendas. Politicians should not interfere with young people getting the care they need when the patient, their family, and the provider all agree it is the right next step. These proposed rules, if finalized, would strip parents of their ability to support their children in making informed healthcare decisions, in coordination with their healthcare providers. Parents of transgender children in our districts have shared that they deeply fear the finalization of these rules. Parents do not want or need the federal government prohibiting them from working with their children’s doctors to access medically necessary care that helps their child. We urge you to abandon these efforts to interfere with the medical decisions these families make.”
Members conclude their argument by pointing out how these proposed rules are unlawful and exceed CMS’s authority:
“Both of these proposed rules are unlawful and exceed CMS’ authority. CMS, like all agencies, is charged with carrying out the laws that Congress passes and does not have the authority to ignore clear prohibitions passed by Congress and signed into law. Section 1801 of the Social Security Act, as amended—which governs Medicare—makes clear that CMS may not “exercise any supervision or control over the practice of medicine or the manner in which medical services are provided.” In the discussion of the Conditions of Participation rule, CMS alleges that providing transgender-related medical care “is not healthcare” and therefore is “not subsumed under the term of ‘the practice of medicine.’” As we highlighted above, the healthcare transgender young people receive is recognized as legitimate and medically necessary by every major U.S. medical and mental health association. Under CMS’ logic, they can circumvent the restraints Congress established in Section 1801 by simply declaring any medical care the President and his officials do not like as “not healthcare.” This flies in the face of the clear statutory text. The Conditions of Participation rule is clearly trying to control the practice of medicine in violation of the Social Security Act as passed by Congress and signed into law.”
“Both rules are also unlawful under the statutes governing Medicaid. By banning coverage of healthcare that every major medical association supports for transgender young people and by coercing hospitals to stop providing this care in order to participate in the Medicaid program, the CMS rules undermine “the best interests of the recipients.” […] CMS is required to follow the law, as enacted by Congress, yet both these proposed rules violate key provisions of the laws governing Medicaid and Medicare.
Members end their letter by stating:
“The medical care that transgender young people receive is medically necessary and supported by every major U.S. medical and mental health association. These proposed rules would severely restrict the ability of parents of transgender young people to get their children the medical care they need and run afoul of federal law. We strongly oppose these proposed rules being finalized and urge CMS to abandon this rulemaking.”
The full letter can be read here.
The proposed rule to prohibit Medicaid and CHIP funding for medically-necessary care for transgender young people can be found here.
The proposed rule to bar hospitals that provide medically-necessary care for transgender young people from participating in Medicare and Medicaid can be found here.