Protect Access to Gender Affirming Care
AKA “Ensure Medically Appropriate Care Decisions Remain Between Patients and Doctors”
Which agency/agencies promulgated the regulation? *
Department of Health and Human Services (HHS) / Centers for Medicare & Medicaid Services (CMS) / Congress
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
45 CFR Part 92 (Section 1557 of the ACA – nondiscrimination in healthcare)
CMS waiver and rulemaking guidance used to exclude condition-specific care
What is your name?
--OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
State and Insurer Exemptions from Medically Appropriate Care Coverage
Please provide a short summary of the justifications for the rescission. *
Rescind the patchwork of regulatory exemptions that allow third parties to override evidence-based medical decisions — especially where benefits are denied or restricted based on non-medical criteria.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201
Please insert the contact information for the agency. *
(301) 492-4305, (410) 786-1524, (410) 786-8437
What is the background for the regulation being rescinded? *
Insurers and some state Medicaid programs have carved out benefit exclusions based on diagnosis or identity labels, not treatment efficacy — limiting provider discretion and creating unequal access to care.
Explain the reasons for the rescission. *
This rescission will:
• Reinforce the doctor-patient relationship as the foundation of care
• Prevent non-clinical actors from denying medically necessary treatment
• Promote consistency, privacy, and personal responsibility in healthcare
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Public and private healthcare plans shall not exclude coverage for physician-recommended care based on identity, diagnostic category, or political preference. Medical necessity determinations shall remain between provider and patient.
Please insert the name of the current agency head. *
Robert F. Kennedy Jr.
Please insert the title of the agency head. *
Secretary of Health and Human Services