CMS final rule bans federal Medicaid and CHIP funding for gender-affirming care for minors

Final ruleCMS

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

Summary

The final rule (91 FR, doc. 2026-16508) prohibits federal financial participation for "sex-rejecting procedures" — puberty blockers, cross-sex hormones, and related surgeries furnished to treat gender dysphoria — for Medicaid beneficiaries under 18 and CHIP beneficiaries under 19, effective October 13, 2026. States may continue coverage only with state-only funds; a six-month wind-down permits FFP for beneficiaries already on hormone therapy; DSD care, other-purpose uses, complication management, and mental-health services remain fundable. CMS finalized over more than 90% opposing comments and expressly distinguished the PFLAG/Washington injunctions as limited to EO-based funding conditions.

Status

Final rule published August 13, 2026; not yet in effect (effective October 13, 2026). No injunction identified as of August 20, 2026; litigation widely anticipated. (See also sections 10, 11.)

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

Documents

Sources

Cite this action

Medicaid Program; Prohibition on Federal Medicaid and Children's Health Insurance Program Funding for Sex-Rejecting Procedures Furnished to Children, 91 Fed. Reg. 52,406 (Aug. 13, 2026) (codified at 42 C.F.R. pts. 441, 457).

Short form: 91 Fed. Reg. at 52,406.