Analyzing Federal Scrutiny of Gender-Affirming Care and Minority-Focused Healthcare Initiatives and the Impact on Hospitals and Employer Health Plans

This CLE webinar will examine the recently issued executive order (EO) prohibiting or limiting gender-affirming care for individuals under the age of 19 and its impact on healthcare providers and employer health plans. Our panel will also examine the recently issued EOs and increased scrutiny on minority-focused healthcare initiatives and their impact on hospitals and healthcare provider organizations. The expert panel will provide an in-depth look at the EOs, the potential legal and operational issues created for hospitals, healthcare providers, and other organizations, and the risks of compliance and noncompliance where the executive orders may be at odds with federal and state law.

On Jan. 28, 2025, the Trump administration issued the executive order "Protecting Children from Chemical and Surgical Mutilation" that targets GAC for individuals under the age of 19. The EO raises questions for healthcare providers and their counsel on how to comply with the EO while not violating federal and state antidiscrimination laws.

The EO provides directives to various executive agencies, including HHS, to restrict the availability of GAC services to minors. The HHS directives include: (1) leveraging Medicare and Medicaid participation to preclude GAC; (2) repealing HHS' current guidance on "HHS Notice and Guidance on Gender Affirming Care, Civil Rights and Patient Privacy" which provides protection under Section 1557 of the ACA and HIPAA, and revising agency rules that implement Section 1557 and government programs to comply with the EO; and (3) taking other regulatory and sub-regulatory action as described to ensure compliance with the administration's policy.

Counsel should understand the EO's requirements and the risks of both compliance and noncompliance for their healthcare clients. For example, complying with the EO may expose healthcare providers in certain jurisdictions to state law risks, including violations of state nondiscrimination laws and ethical guidelines that prohibit discrimination based on gender identity and sexual orientation in the delivery of care. On the other hand, providers are at risk of having federal funding withheld or being the targets of enforcement actions if they do not comply.

Listen as our expert panel provides an in-depth look at the EO targeting GAC for minors. The panel will examine the EO's requirements as well as the remaining questions created by the EO. The panel will discuss potential risks to healthcare providers for compliance and noncompliance. The panel will also offer best practices for helping clients navigate this evolving regulatory landscape.