PolicyBrief
H.R. 498
119th CongressJan 16th 2025
Do No Harm in Medicaid Act
IN COMMITTEE

The "Do No Harm in Medicaid Act" prohibits federal Medicaid funding for gender transition procedures for individuals under 18, with exceptions for certain genetic disorders, abnormalities, injuries, or imminent life-threatening conditions, and defines "sex" as biologically determined.

Dan Crenshaw
R

Dan Crenshaw

Representative

TX-2

LEGISLATION

Medicaid's New Block: No Federal Funds for Youth Gender Transition Procedures Under 'Do No Harm' Act

The "Do No Harm in Medicaid Act" throws a wrench into how Medicaid covers gender transition procedures for anyone under 18. This bill, just dropped, flat-out bans federal Medicaid dollars from going toward what it calls "specified gender transition procedures" for minors. We're talking surgeries (like mastectomies or anything altering genitals), hormone treatments (testosterone, estrogen, or puberty blockers at high doses), and even cosmetic stuff that changes physical features. Section 2 lays out the specifics, essentially cutting off the federal money tap for these procedures.

Cash Cut-Off: What's Not Covered?

The core of this bill is about restricting money. If a state's Medicaid program covers any of the "specified gender transition procedures" for someone under 18, the feds aren't chipping in. This could mean higher costs for states, or, more likely, it means these procedures just won't be covered for young people relying on Medicaid. Think about a young trans person whose family depends on Medicaid for healthcare – this bill could directly impact their ability to access treatments their doctors might recommend.

The Fine Print: Exceptions and Definitions

Now, there are a few exceptions (also in Section 2). If a doctor says a procedure is medically necessary to fix certain genetic disorders, abnormalities in sex chromosomes, or problems caused by previous gender transition procedures, Medicaid funds can be used. Also, if a minor's physical health is in serious danger (we're talking life-threatening situations, not mental distress), the ban doesn't apply. And, crucially, any of these exceptions only apply if the minor's parent or legal guardian consents. The bill also gets into defining "sex," stating it's all about the biology you're born with – whether your body is designed to produce eggs or sperm. This definition is important because it frames the entire bill's approach to gender.

Real-World Ripple Effects

Let’s be real: This bill could create some serious hurdles. For a teenager exploring their gender identity, this could mean facing major roadblocks to medical care, even if their doctor believes it's necessary. The "medically necessary" exception could become a battleground, with tight interpretations potentially blocking coverage. Plus, that parental consent requirement? It could be a huge problem for teens in unstable or unsupportive home environments. This bill could even set a precedent, paving the way for more restrictions on medical treatments based on ideology, not just science. While some might argue this protects kids from irreversible decisions or saves taxpayer money, it’s clear this bill is wading into deeply personal and complex territory.