CMS proposes hospital Condition of Participation banning "sex-rejecting procedures" for children

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

Companion NPRM (90 FR, doc. 2025-23465; RIN 0938-AV87) proposing a new Medicare/Medicaid hospital Condition of Participation that would prohibit participating hospitals from performing such procedures on anyone under 18 regardless of payer — reaching privately insured and self-pay patients — on pain of termination from Medicare/Medicaid. The proposal contains carve-outs for DSD and complication management and expressly claims preemption of state laws protecting access. Comments closed February 17, 2026.

Status

Pending; not finalized as of August 20, 2026. (See also section 13 for hospital responses.)

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

Documents

Sources

Cite this action

Medicare and Medicaid Programs; Hospital Condition of Participation: Prohibiting Sex-Rejecting Procedures for Children, 90 Fed. Reg. 59,463 (proposed Dec. 19, 2025) (to be codified at 42 C.F.R. pt. 482).

Short form: 90 Fed. Reg. at 59,463.