Marketplace Integrity and Affordability proposed rule would strip "sex-trait modification" from essential health benefits

Proposed ruleCMS

Date
Actor
CMS / HHS
Agency
Centers for Medicare & Medicaid Services (CMS)
Type
Proposed rule
Section
HEALTH AGENCIES (HHS, NIH, CDC, CMS, FDA, SAMHSA, HRSA, ACF)

Summary

CMS proposed (90 FR, doc. 2025-04083) to prohibit ACA issuers from covering "sex-trait modification" procedures as essential health benefits beginning plan year 2026 — the first use of that neologism in federal rulemaking — alongside unrelated marketplace-integrity provisions. Removing EHB status strips the care of the ACA's annual/lifetime-limit and cost-sharing protections and forces states mandating coverage to defray costs.

Status

Finalized June 20, 2025 (see 2025-06-20 item); the EHB exclusion was vacated by the District of Massachusetts on August 14, 2026.

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

Related litigation

Documents

Sources

Cite this action

Patient Protection and Affordable Care Act; Marketplace Integrity and Affordability, 90 Fed. Reg. 12,942 (proposed Mar. 19, 2025) (to be codified at 45 C.F.R. pts. 147, 155, 156).

Short form: 90 Fed. Reg. at 12,942.