CMS proposes hospital Condition of Participation banning "sex-rejecting procedures" for children
- Date
- Actor
- CMS / HHS
- Agency
- Centers for Medicare & Medicaid Services (CMS)
- Type
- Proposed rule
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
-
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).
Sources
- ebglaw.com/insights/publications/cms-seeks-to-ban-hospitals-from-providing-gend…(opens another site)
- federalregister.gov/documents/2025/12/19/2025-23465/medicare-and-medicaid-progr…(opens another site)
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.