FAQs on the Gender-Affirming Care Executive Order | McDermott Will & Emery

FAQs on the Gender-Affirming Care Executive Order

Overview


On January 28, 2025, the Trump administration issued an executive order that threatens federal research and education funding received by, and the Medicare and Medicaid participation of, medical institutions that provide gender-affirming care to individuals under the age of 19. Aspects of the executive order that jeopardize federal research and education funds have been enjoined nationally via several preliminary injunctions. However, regulatory and subregulatory actions on other aspects of the executive order are beginning to emerge. The executive order continues to present a myriad of legal and operational issues that medical institutions need to consider as they determine what actions, if any, to take in response to the executive order and the federal government’s efforts to implement it.

This set of frequently asked questions (FAQs) provides an overview of these issues. It also discusses practical steps medical institutions should consider when evaluating their gender-affirming care programs in light of the executive order and federal efforts to restrict gender-affirming care for individuals under age 19 through the regulatory and subregulatory processes.