Sean McBride, Vice Chair, Clinical Strategy, Operations, and Professional Practice at Memorial Sloan Kettering Cancer Center, shared a post on LinkedIn:
“Alexander Chen and I have written a commentary in the Yale Journal on Regulation examining recent regulatory actions by HHS targeting gender-affirming care for minors.
We evaluate whether HHS may use its Medicare and Medicaid rulemaking authority to impose, through Conditions of Participation, a de facto nationwide ban on such care.
The piece argues that it may not. Specifically, it explains why the proposed rule is in tension with the Medicare’s prohibition on federal supervision of the practice of medicine, exceeds the best reading of the Secretary’s delegated authority, conflicts with Medicaid’s EPSDT mandate, and is vulnerable under the Administrative Procedure Act.
It also identifies parallel Spending Clause and federalism limits on the government’s attempt to use participation in federal healthcare programs as leverage to dictate contested standards of care nationwide.
More broadly, the legal logic advanced by HHS extends beyond gender-affirming care: if accepted, it would significantly expand federal power to prohibit whole categories of medical treatment through administrative action, with implications for the balance of power between the federal government, the states, and the medical profession.”
Title: The Trump Administration’s Attempts to Ban Gender Affirming Care for Minors Are Illegal, by Sean M. McBride and Alexander Chen
Authors: Sean McBride and Alexander Chen
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