Secretary Kennedy declares pediatric gender-affirming care outside "professional standards," threatening Medicare/Medicaid exclusion
- Date
- Actor
- HHS Secretary Robert F. Kennedy Jr.
- Agency
- Department of Health and Human Services (HHS)
- Type
- Guidance/memo (Secretarial declaration)
Summary
Kennedy issued a declaration, "Safety, Effectiveness, and Professional Standards of Care for Sex-Rejecting Procedures on Children and Adolescents," concluding such procedures are "neither safe nor effective" and fail professionally recognized standards of care — and invoking the Secretary's authority to exclude providers from Medicare/Medicaid (via the HHS OIG) for furnishing services that fail such standards. The declaration attempted to convert the HHS report into an immediately enforceable national standard of care without rulemaking.
Status
VACATED. Twenty states and D.C. (21 AG-represented jurisdictions) sued, with Pennsylvania's governor suing separately, (State of Oregon v. Kennedy, D. Or. No. 6:25-cv-02409-MTK, filed Dec. 23, 2025, naming HHS, Kennedy, and OIG). On April 18, 2026, Judge Mustafa Kasubhai entered an opinion and final judgment for plaintiffs on all four counts, vacating the declaration and enjoining HHS from using it to supersede professionally recognized standards; the court retained enforcement jurisdiction. (See also section 10.) Update, Sept. 23, 2026: On Sept. 17, 2026, the court (Kasubhai, J.) denied the government's motion to amend the judgment (D. Or. No. 6:25-cv-02409, ECF 96; order at ECF 105), holding defendants failed to identify any clear error or other basis under Rule 59(e); the April 18, 2026 declaratory judgment vacating the Kennedy Declaration stands as originally entered, and no notice of appeal has been filed.
As recorded in the data of . Check the sources for anything newer.
Related litigation
Documents
Sources
- natlawreview.com/article/gender-affirming-care-minors-cms-and-hhs-propose-limit…(opens another site)
- storage.courtlistener.com/recap/gov.uscourts.ord.191371/gov.uscourts.ord.191371…(opens another site)PDF, external
- courtlistener.com/docket/72077914/105/state-of-oregon-v-kennedy(opens another site)
- courtlistener.com/docket/72077914/state-of-oregon-v-kennedy(opens another site)
- mcguirewoods.com/client-resources/alerts/2026/8/questions-and-answers-about-cms…(opens another site)