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Do No Harm in Medicaid Act

To prohibit federal Medicaid payment for gender mutilation procedures.

KEY BILL DATA

Bill Number:

H.R. 498

SPONSORS:

Rep. Dan Crenshaw (R-TX-2)

CONGRESS:

119th

Status:

Active

POSITION:

Support

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This bill amends Title XIX of the Social Security Act to prohibit federal Medicaid payment for specified gender transition procedures for individuals under the age of 18. Prohibited procedures include castration, sterilization, genital reconstruction, and puberty blockers. So long as a given minor has consent of his parent or legal guardian, he may pursue procedures aiming to rectify early puberty, genetic disorders, or chromosomal abnormalities; reverse prior gender transition procedures; or prevent imminent death or impairment of a major bodily function. This bill concludes by defining “sex,” “female,” and “male” in biological rather than social or psychological terms.

Goals

  • Protect the taxpayer by prohibiting Medicaid from covering gender-harming hormones and surgeries for minors.
  • Draw clear lines between prohibited, dangerous procedures and medically necessary care.
  • Protect children from gender mutilation procedures.
  • Reaffirm basic biological truths in law.

Analysis

Federal health funding is meant to pay for medically necessary treatment, not experimental (and potentially damaging) cosmetic procedures. Current law already prohibits Medicaid from covering procedures such as “drugs when used for cosmetic purposes or hair growth” and “drugs when used for treatment of sexual or erectile dysfunction,” among many other elective treatments. Consistency and morality demand that it also be prohibited from covering gender mutilating surgeries.