Association Comments on CMS Gender Transition Care Rules

America's Essential Hospitals has commented on two Centers for Medicare & Medicaid Services (CMS) proposed rules related to certain "sex-rejecting procedures" (SRPs), also known as gender transition care.

The first rule proposes a new hospital condition of participation in Medicare and Medicaid that would prohibit SRPs on individuals younger than 18. CMS proposes to define SRPs as "any pharmaceutical or surgical intervention that attempts to align an individual's physical appearance or body with a stated identity that differs from the individual's sex." In its comments, America's Essential Hospitals highlights its longstanding opposition to new conditions of participation. The association also notes that CMS is prohibited from exercising supervision or control over the practice of medicine or the manner in which medical services are provided.

The second proposed rule establishes funding prohibitions for SRPs for children under 18 in Medicaid and under 19 in the Children's Health Insurance Program. The association notes the proposed rule could be contrary to the statute establishing the Early and Periodic Screening, Diagnostic, and Treatment benefit, as well as the Medicaid drug rebate program.

Contact Director of Policy Rob Nelb, MPH, at [email protected] or 202.585.0127 with questions.