PolicyBrief
H.R. 2202
119th CongressMar 18th 2025
End Taxpayer Funding of Gender Experimentation Act of 2025
IN COMMITTEE

Prohibits federal funds from being used for gender transition procedures and restricts Affordable Care Act benefits from covering such procedures.

Doug LaMalfa
R

Doug LaMalfa

Representative

CA-1

LEGISLATION

Bill Aims to Block Federal Funds for Gender Transition Procedures, Affecting ACA Subsidies

This proposed legislation, titled the 'End Taxpayer Funding of Gender Experimentation Act of 2025,' seeks to prohibit the use of any federal money for gender transition procedures or for health insurance plans that include coverage for them. The ban would apply across federal departments and impact programs like the Affordable Care Act (ACA). The bill defines 'sex' strictly as biological sex at birth (male or female based on reproductive systems) and lays out specific medical interventions considered 'gender transition procedures,' while carving out some exceptions.

Defining the Boundaries: What's In, What's Out?

The core of the bill (Title I) establishes a broad prohibition: no federal funds can directly pay for gender transition procedures, nor can they subsidize health plans that cover such procedures. This includes things like puberty blockers, cross-sex hormones, and various surgeries (e.g., hysterectomy, phalloplasty, vaginoplasty, chest surgeries) intended to align physical characteristics with gender identity. The bill explicitly defines 'gender transition' as changing one's identification away from their biological sex.

It does specify some exceptions. For instance, funds could still be used to treat conditions caused by gender transition procedures, or for individuals with specific, medically verifiable disorders of sex development (DSD). Treatment for precocious puberty and male circumcision are also explicitly excluded from the funding ban. However, the definitions and exceptions leave room for interpretation, which could impact how they're applied in practice. While individuals or employers could purchase separate insurance riders for transition procedures, they'd have to use purely private funds, with no federal subsidies or matching funds involved, even for programs like Medicaid.

Insurance Impacts: The ACA Connection

Title II takes direct aim at the Affordable Care Act. It states that the premium tax credits many people use to afford marketplace plans cannot be applied to any portion of a premium for a plan covering gender transition procedures. Similarly, cost-sharing reductions (which lower deductibles and co-pays for lower-income individuals) are also barred for such plans.

What does this mean practically? If you get subsidies through the ACA marketplace, you likely wouldn't be able to use that financial help for a plan that covers gender transition care as defined by this bill. You might have to find a plan without that coverage or purchase a separate, unsubsidized rider if available. The bill also eliminates the small business health insurance tax credit for employers offering plans that cover these procedures and directs that no multi-state ACA plans can offer this coverage if federal funds are involved. These changes would generally kick in for plan years starting one year after the bill's potential enactment.

Real-World Ripples: Who's Affected?

The most direct impact falls on transgender individuals who rely on federal programs or subsidies for healthcare access, potentially making gender-affirming care unaffordable. This includes people covered by federal employee health plans, Medicaid (where state matching funds are involved), and those using ACA marketplace subsidies. Healthcare providers might also face challenges navigating reimbursement restrictions.

The bill's strict definition of 'sex' based on biology could also raise broader legal and administrative questions beyond just funding. While the stated purpose focuses on taxpayer funds, the practical effect is a significant restriction on access to a specific category of medical care for a particular group, primarily impacting their ability to secure affordable health coverage that meets their needs through established federal programs.