Franciscan Alliance v. Azar

In May 2016, the federal government issued a mandate that would require a doctor to perform gender transition procedures on any patient, including a child, even if the doctor believed the procedure could harm the patient. The mandate required virtually all private insurance companies and many employers to cover gender reassignment therapy or face severe penalties and legal action.

But there were two major insurance plans exempted from HHS’s mandate—the plans run by HHS itself: Medicare and Medicaid. Why? Research shows that not only are there significant risks with gender reassignment therapy – especially in childhood – such as heart conditions, increased cancer risk, and loss of bone density, but studies show that children with gender dysphoria found that fewer than 1-in-4 children referred for gender dysphoria continued to experience that condition into adulthood. Some grew out of it, but many of the children ended up realizing that they were not transgender but instead gay. The government’s own panel of medical experts concluded that these therapies can be harmful and advised against requiring coverage of these medical and surgical procedures under Medicare and Medicaid.

Source: Franciscan Alliance v. Azar – Becket

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