Court Ruling Protects Gender-Affirming Care Coverage in Oregon

A U.S. District Court in Oregon has ruled against a declaration from the Department of Health and Human Services (HHS) that aimed to exclude healthcare providers offering gender-affirming care from Medicare and Medicaid programs. This declaration, issued by Secretary Robert F. Kennedy Jr., threatened to penalize such providers by withdrawing federal funding, leading to a legal challenge by 23 states.

The plaintiff states argued that the HHS declaration exceeded its legal authority by bypassing essential procedural steps, including the formal notice-and-comment process. Oregon Attorney General Dan Rayfield highlighted that the declaration sought immediate implementation nationwide without proper consultation. The court decision aligns with Oregon's House Bill 2002, ensuring coverage of medically necessary gender-affirming treatments and safeguarding providers and patients.

In a written opinion, U.S. District Judge Mustafa T. Kasubhai criticized the federal approach to the declaration. Attorney General Rayfield praised the court's ruling, emphasizing that healthcare decisions should remain in the hands of families and doctors, free from federal interference. The legal challenge was supported by attorney generals from 22 other states and the governor of Pennsylvania, reinforcing the collective opposition to the federal mandate.