On February 17, 2026, the National Women’s Law Center submitted a comment in opposition to the Department of Health and Human Services’ (HHS) attack on access to health care for transgender youth in hospitals. HHS proposed a rule that would bar hospitals from providing this essential care if they get Medicaid or Medicare funding. Virtually all hospitals participate in Medicaid and Medicare, and the threat of losing such a large proportion of their funding would likely coerce most hospitals into stopping care for trans youth.

In our comment, we lay out why the proposed rule is dangerous, groundless, and contrary to the law. For example:

  • If it is finalized, the rule would jeopardize the health, safety, and wellbeing of transgender youth. The rule could also harm others, including intersex people, the families and providers who support trans youth, and the trans community broadly.
  • Even though HHS says that this rule is driven by science, the evidence strongly suggests this claim is a pretext for anti-transgender prejudice.
  • HHS ignores the large body of scientific evidence showing that health care for trans youth is safe, effective, and even lifesaving, and instead it resorts to disinformation to back up its proposed rule.
  • The proposed rule conflicts with laws that limit how HHS can regulate hospitals that participate in Medicaid and Medicare.

Find the comment here.