Kyle Faget Weighs in on HHS Proposed Rule Limiting Gender-Affirming Care
Foley & Lardner LLP partner Kyle Faget commented on a recent proposal from the U.S. Department of Health and Human Services in the Law360 article, “HHS Proposes Hospital Ban On Gender Care For Minors.”
Faget said the proposed rules, if enacted, could make it more difficult and costly for medical providers to provide targeted care.
“Providers who wish to continue providing medical gender-affirming care will be forced to find or create health care entities that are not dependent upon federal funds, which is possible but will require time and resources,” she explained.
Faget indicated that legal challenges to the rules may allege they are discriminatory or violate the Administrative Procedure Act, which requires reasoned decision-making by government agencies.
“Because almost every hospital participates in Medicare and Medicaid,” Faget added, “hospitals will effectively be barred from providing gender-affirming care even if practitioners believe this care is essential and lifesaving.”
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