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Michigan sues over federal policies against transgender care for minors

Pride flags fly at the George W. Romney Building in Lansing on June 15, 2019.
Executive Office of the Governor

Michigan is joining a multi-state lawsuit over a new federal policy regarding Medicaid and Children’s Health Insurance Program (CHIP) reimbursements.

The rule, approved last month, blocks states from paying for gender-affirming care using federal Medicaid dollars for minors and CHIP money for people younger than 19.

A summary from the Centers for Medicare & Medicaid Services and Department of Health and Human Services explaining the rule expressed concerns with the possible risks of treatments like hormone therapy.

“Given the potential risks and lack of clear benefits associated with sex-rejecting procedures, we believe that covering these procedures with Federal Medicaid or CHIP funding would be, for Medicaid beneficiaries, inconsistent with their best interests and with quality of care; and, for CHIP beneficiaries, inconsistent with the provision of health care services to uninsured, low-income children in an effective and efficient manner that is coordinated with other sources of health benefits coverage,” the summary states.

But Michigan and the other states argue the federal health department can’t unilaterally block states from using federal funds to cover medically necessary healthcare. The lawsuit calls the rule “arbitrary and capricious” while claiming the U.S. Department of Health and Human Services didn’t follow proper procedure when developing and promulgating the rule.

In a press release, the Michigan Attorney General’s office said the rule was based on shaky science.

“Medical decisions should be made by parents, patients, and medical experts – not politicians,” Attorney General Nessel said in the press release. “We remain committed to protecting the right of Michigan families to make these critical healthcare choices.”

The federal government has said states can still cover gender affirming care with their own money. The Trump administration has long sought to end those types of medical treatments for minors.