Kyle Faget Assesses Legal Complexities for Gender-Affirming Health Care Providers
Foley & Lardner LLP partner Kyle Faget commented in the Healthcare Risk Management article, “Gender-Affirming Care Caught in Legal Gray Area, Liability Possible,” sharing insight on the complex legal situation for health care organizations providing these services.
As recent federal directives and executive actions tighten restrictions, Faget explained that the definition of gender-affirming care remains unclear and may be interpreted broadly. “A significant challenge is defining exactly what constitutes gender-affirming care,” she said. “Is it providing therapy? Does it have to include hormones? Does it have to include surgery? Where is the line drawn? So far, there are no clear answers to those questions.”
Faget noted that recent policy shifts, including tying Medicare participation to certifying non-provision of such care for minors, is already causing health care systems to reconsider or scale back their gender-affirming programs.
Faget also highlighted increased scrutiny from the Federal Trade Commission on marketing and advertising related to gender-affirming care and said health care organizations should closely review website content and advertising, as well as informed consent materials, to reduce the risk of violation and regulatory action.
