Texas and Montana have filed a lawsuit against the U.S. Department of Health and Human Services (HHS), HHS Secretary Xavier Becerra, and other members of the Biden Administration. The legal action challenges a new rule mandating states to cover "gender transition" procedures through their Medicaid programs and requiring healthcare providers to perform these procedures, even when state laws prohibit them.
In May 2024, the Biden Administration introduced a rule under Section 1557 of the Affordable Care Act. This regulation threatens to withdraw federal healthcare funds from medical institutions that refuse to perform or finance gender transition procedures. Institutions could lose access to federal Medicaid and Medicare dollars if they do not comply. The rule also asserts its authority over any state laws that ban such procedures.
Attorney General Ken Paxton criticized the rule as an unconstitutional effort to override state legislation. He contends that the Affordable Care Act does not grant HHS or any government agency the power to compel institutions to carry out or fund these medical procedures. Paxton has requested injunctive relief from the court to prevent enforcement of this rule.
"This is yet another example of Joe Biden trying to sidestep the Constitution and use agency rulemaking to advance unpopular, unlawful, and destructive policies," stated Attorney General Paxton. "We are suing to stop the Biden Administration from withholding federal healthcare funds to force medical professionals to perform these experimental and dangerous procedures."
To read the filing, click here.