Proposed 'No Harm Act' Aims to Cut Federal Funds for Minor Gender Treatments, Mandates Parental Consent, and Opens Doors for New Lawsuits

The 'No Harm Act' proposes significant changes to how certain medical treatments for individuals under 18 are handled, primarily by cutting off the federal money supply. If enacted, this bill (Sec. 2, 3, 5) would block federal funds from being used to pay for, support, or promote what it defines as 'sex-trait altering treatments' for minors. This includes puberty blockers, hormone therapy, and surgeries intended to align physical traits with gender identity (Sec. 11). The funding ban extends to medical institutions providing these services (Sec. 5) and even impacts states and schools under certain conditions (Sec. 6, 9, 10).

Where the Money Stops

This bill casts a wide net regarding federal funding restrictions. It explicitly prohibits federal dollars from going to any medical facility offering these specific treatments to minors (Sec. 5). States could lose certain federal funds (like Medicaid or TANF dollars under the Social Security Act) if they allow these treatments without both parents' consent, or if they separate a child from parents solely because the parents refused consent (Sec. 6). Similarly, elementary and secondary schools risk losing federal education funds if they facilitate or support such treatments for a student without parental notification and written consent (Sec. 10). Health care providers are also given 'conscience rights,' meaning they can refuse to participate in or cover these treatments without penalty, and states mandating participation could lose HHS funding (Sec. 9).

Consent, Consent, Consent (and Lawsuits)

A major focus is parental control and informed consent. Before any 'sex-trait altering treatment' can be provided to a minor, healthcare providers must consult with the parents, give them a printed list of potential side effects (including risks to fertility and sexual function), and get written consent from both parents at least 72 hours beforehand (Sec. 7). The bill strongly protects a parent's right to decline these treatments for their child (Sec. 6). Failure to follow these rules, or providing treatments deemed harmful later, opens the door to significant legal action. The bill allows individuals (including taxpayers) to sue the federal government over improper fund disbursement (Sec. 2, 3). Minors or their parents can sue states or healthcare providers for violating consent or parental rights rules (Sec. 6, 7). Perhaps most notably, individuals can sue medical practitioners or facilities for malpractice related to these treatments received as a minor, with the potential for triple damages and attorney fees, up to 30 years after turning 18 (Sec. 8).

Defining the Terms and Other Changes

The Act provides detailed definitions for terms like 'sex-trait altering treatment,' 'gender,' 'sex,' and specific medical procedures (Sec. 11). It carves out exceptions for treatments related to congenital disorders of sex development, complications from prior treatments, or unrelated medical/mental health services. However, it explicitly amends the definition of female genital mutilation in federal law (18 U.S.C. Sec 116) to state that procedures for gender change or affirmation are not considered 'necessary to the health of the person' in that context (Sec. 4). In practice, this legislation aims to halt specific medical pathways for transgender minors by leveraging federal funding and creating new legal avenues centered on parental consent and potential long-term regret.