This Act prohibits federal subsidies, tax deductions, and essential health benefit coverage for procedures related to gender transition.
Claudia Tenney
Representative
NY-24
This Act prohibits the use of federal funds for gender transition procedures across major public health programs, including Medicaid, CHIP for minors, and Medicare. It also removes the tax deductibility for expenses related to these procedures, defining them broadly as medical interventions intended to change physical appearance to match an identity different from biological sex. The legislation provides specific medical exceptions for conditions like Disorders of Sex Development (DSD) and life-saving care. Finally, it bans gender transition procedures from being classified as an essential health benefit under the Affordable Care Act.
The aptly named No Subsidies for Gender Transition Procedures Act is a sweeping piece of legislation that aims to systematically remove all federal financial support for medical procedures related to gender transition. This isn't just about one program; the bill hits five major areas of federal finance and healthcare access simultaneously, creating a financial wall around these specific medical services.
For many people, the federal medical expense deduction (Section 213 of the IRS Code) is a small but important way to recoup high healthcare costs. This bill, under Section 2, changes that rule specifically for gender transition. If this passes, costs associated with any "gender transition procedure"—defined broadly as hormonal or surgical intervention intended to align physical appearance with an identity different from one’s biological sex—will no longer count as a deductible medical expense. This means that even if you pay for these procedures entirely out of pocket, you can’t get that small tax break back. For middle- and higher-income families relying on itemizing deductions, this is a direct increase in the net cost of care.
The bill takes a hard line on federal insurance programs, which cover millions of Americans. Sections 3, 4, and 5 ban federal funding for these procedures across the board.
Perhaps the biggest impact on the private insurance market comes from Section 6, which targets the Affordable Care Act (ACA). The law requires insurance plans sold on the ACA marketplace to cover a set of services known as Essential Health Benefits (EHB). This bill mandates that the Secretary of Health and Human Services cannot include gender transition procedures in that required EHB package.
What does this mean for everyday people? If these procedures aren't an EHB, insurance plans sold through the marketplace are not required to cover them. While some plans might choose to offer coverage, the vast majority will likely drop it to keep premiums lower, leaving individuals who buy their own insurance fully responsible for the costs. The financial burden shifts entirely to the patient, regardless of their medical necessity.
The bill defines "gender transition procedure" extremely broadly, covering everything from hormone treatments (doses higher than what a healthy person of that sex naturally produces) to an extensive list of surgeries like mastectomies, hysterectomies, and voice surgery, if the intent is to change appearance to match a different identity.
However, it does carve out narrow exceptions. Procedures remain eligible for funding if they are for specific disorders of sex development (DSD), are certified as life-saving, or are needed to treat complications from a previous transition procedure. For example, if a prior surgery leads to an infection, treating the infection is still covered. But the original procedure itself, and all related care, is excluded from federal funding mechanisms.