Comment period closes on HHS/CMS December 2025 proposed rules targeting gender-affirming care and disability protections
- Date
- Actor
- HHS / CMS (rules proposed December 18, 2025)
- Agency
- Centers for Medicare & Medicaid Services (CMS)
- Type
- Proposed rule (comment milestone)
Summary
Comments close February 17, 2026 on the December 18, 2025 package: (1) a Medicare/Medicaid hospital Conditions of Participation rule that would bar hospitals from providing puberty blockers, hormones, or surgeries for gender transition to anyone under 18 as a condition of program participation — regardless of payer; (2) the Medicaid/CHIP federal funding prohibition for such care; and (3) an HHS rule to exclude gender dysphoria (not resulting from physical impairment) from the definition of "disability" under Section 504, assuring funding recipients that restricting gender-affirming care is not disability discrimination. State attorneys general, cities (including San Francisco and New York City), and health organizations file opposition comments. (see also sections 2, 9)
Status
Medicaid/CHIP rule finalized August 13, 2026; hospital CoP rule (RIN 0938-AV87) remained only a proposed rule as of August 20, 2026, with no final-stage OIRA review; the June 16, 2026 OIRA submission was for the separate Medicaid/CHIP funding rule (RIN 0938-AV73); disability-definition rule pending. Related HHS actions challenged in State of Oregon v. Kennedy (D. Or.).
As recorded in the data of . Check the sources for anything newer.