Attorney General Bonta Opposes Trump Administration’s Proposals Aimed at Further Restricting Access to Gender-Affirming Care

OAKLAND - California Attorney General Rob Bonta today issued a statement opposing two newly proposed rules by the Trump Administration: One that would prohibit federal reimbursement for gender-affirming care for minors in Medicaid and the Children's Health Insurance Program (CHIP), and another that would prohibit providers who perform gender-affirming care on minors from participating in the Medicaid and Medicare programs.

"These proposed rules are the Trump Administration's latest attempt to strip Americans of the care they need to live as their authentic selves," said Attorney General Bonta. "These rules are not only cruel, they're also unlawful. It's important to note these proposals are far from final. If the Trump Administration puts forth final rules similar to these proposals, we stand ready to use every tool in our toolbox to prevent them from ever going into effect. Despite these proposals, medically necessary gender-affirming care remains protected by California law. We will fight these proposed rules to ensure Californians maintain access to the medical care they need to thrive."

The Medicaid and CHIP Reimbursement Rule would stop these two federal healthcare programs from paying for medically necessary gender-affirming healthcare for anyone under the age of 18 under Medicaid and under the age of 19 under CHIP. The "Condition of Participation" Rule would unlawfully prohibit providers of medically necessary gender-affirming care from participating in the Medicaid and Medicare programs. The U.S. Department of Health and Human Services (HHS) is required to accept public comments on the proposed rules for 60 days. After that, HHS may publish final rules that would become effective 60 days later, but only if no court blocks the final rules from going into effect.

California law, including the Unruh Civil Rights Act (Civil Code section 51) and Government Code section 11135, prohibit discrimination on the basis of sexual orientation or gender identity. Refusing services to a class of individuals based on their protected status, such as withholding services from transgender individuals based on their gender identity or their diagnosis of gender dysphoria, while offering such services to cisgender individuals, is discriminatory. Californians seeking gender-affirming care, and the doctors and staff who provide it, are protected under state law. Medi-Cal, California's Medicaid program, covers gender-affirming care for minors. A full explanation of these rights and legal protections can be found in our Know Your Rights guidance here.

Attorney General Bonta continues to stand firmly in support of healthcare policies that respect the dignity and rights of all people and has worked tirelessly to protect the LGBTQ+ community against unlawful threats from the Trump Administration. Earlier this month, he joined a coalition of 20 attorneys general in filing an amicus brief opposing the U.S. Department of Justice's (U.S. DOJ) subpoena targeting the release of private medical records, including patient records, related to gender-affirming care at Children's Hospital Colorado. In October, he filed similar amicus briefs opposing U.S. DOJ's subpoena for patient records related to gender-affirming care at Boston Children's Hospital and Children's Hospital of Philadelphia. And in August, he co-led a multistate coalition in filing a lawsuit that challenges the Trump Administration's executive order that attempts to restrict the provision of medically necessary gender-affirming care for individuals under the age of 19 by threatening providers with civil and criminal prosecution under specious legal theories.