Vermont attorney general joins 21-state suit over Medicaid ban on gender-affirming care for youth
Charity Clark and other Democratic state attorneys general are challenging a federal rule that would bar Medicaid and CHIP reimbursement for gender-affirming care for patients under 18, saying the agencies acted without authority from Congress.
Vermont Attorney General Charity Clark joined a multistate lawsuit on Wednesday challenging a new federal rule that would bar Medicaid reimbursement for gender-affirming care for low-income young people, her office said.
The rule, recently finalized by the U.S. Department of Health and Human Services, blocks federal reimbursement for gender-affirming care for Medicaid patients under 18 and for patients under 19 in the Children's Health Insurance Program, while continuing to cover the same treatments for young people who are not transgender, according to Clark's office. It is set to take effect Oct. 13.
The states argue that Congress has, since the 1960s, left it to states to decide which services their Medicaid and CHIP programs cover, within statutory limits, and that HHS and the Centers for Medicare & Medicaid Services are now overriding medical judgments made for people case by case, without authority from Congress. The suit contends the rule violates the federal Administrative Procedure Act and the spending clause of the U.S. Constitution.
"Health care decisions should be between a patient and their doctor, and all children deserve access to medically necessary care," Clark said in a statement.
Attorneys general from 20 states and the District of Columbia joined the filing, among them Connecticut, Maine, Massachusetts and Rhode Island, along with the governor of Pennsylvania. Clark's office said it was the 66th case she has brought against the Trump administration since January 2025.
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