CMS proposes rules cutting federal Medicaid/CHIP funding for youth gender-affirming care and conditioning hospital participation

Proposed ruleCMS

Date
Actor
Centers for Medicare & Medicaid Services
Type
Proposed rule (funding condition)
Section
FUNDING AND RESEARCH TERMINATIONS

Summary

CMS issued two proposed rules: (1) a Medicaid/CHIP rule prohibiting federal financial participation for puberty blockers, hormone therapy, and surgeries for gender-affirming purposes for beneficiaries under 18 (through 18 for CHIP) — CMS itself estimated only about $31 million in 2023 Medicaid spending on such services; and (2) a hospital Conditions of Participation rule that would bar the roughly 4,832 Medicare/Medicaid-certified hospitals from providing these services to minors regardless of payer, on pain of losing Medicare/Medicaid participation — converting federal program funding into a lever against even privately paid care, affecting an estimated 8,570 young people annually. The agency-policy detail is covered in section 2; the items appear here as the funding mechanism replacing the enjoined EO 14187 grant cutoff. (See also sections 2, 13.)

Status

Comment periods closed February 2026 (comment letters filed through February 17, 2026); the Medicaid/CHIP rule was finalized as the "Prohibition on Federal Medicaid and CHIP Funding for Sex-Rejecting Procedures Furnished to Children" rule (FR Doc. 2026-16508, 91 FR 52406, RIN 0938-AV73), published August 13, 2026 and effective October 13, 2026 with a six-month tapering period for cross-sex hormones; the hospital Conditions of Participation rule (RIN 0938-AV87, 90 FR 59463) remained only a proposed rule as of August 20, 2026, with no final-stage OIRA review; state attorneys general and civil-rights organizations announced intent to sue if finalized.

As recorded in the data of . Check the sources for anything newer.

Sources

Cite this action

Medicaid Program; Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children, 90 Fed. Reg. 59,441 (proposed Dec. 19, 2025) (to be codified at 42 C.F.R. pts. 441, 457).

Short form: 90 Fed. Reg. at 59,441.