Overview

The Department of Health and Human Services (HHS) issued a notice of proposed rulemaking on December 19, 2025, prohibiting hospitals from conducting sex-rejecting surgeries on minors under Medicare/Medicaid, citing insufficient long-term evidence.[6]

Key Developments

  • CMS notice at 8:00 AM ET targets procedures like mastectomies for gender dysphoria in those under 18.[6]
  • HHS Secretary Robert F. Kennedy Jr. said: 'Protecting children from irreversible decisions is paramount.'[6]
  • Aligns with 24 states' bans, affecting 1,200+ facilities nationwide.[6]

Analysis

Factor Current Status Implications
Economic $500M annual procedure market Shifts care to private clinics
Political Supported by 60 House Republicans Likely Supreme Court challenge 2026
Social 88% parental opposition per poll Reduces regret cases by 30% projected

Expert Reactions

"This saves lives from experimental harms," endocrinologist Dr. Quentin Van Meter testified December 18. ACLU's Chase Strangio countered: "Discriminatory rollback of rights."[6]

What's Next

60-day comment period ends February 17, 2026; final rule summer 2026.