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. The executive order has been paused nationally via a temporary restraining order that will remain in place until at least February 27, 2025. Another temporary restraining order pauses the executive order in Washington, Oregon, and Minnesota until at least February 28, 2025. However, if those temporary restraining orders expire, the executive order will continue to present a myriad of legal and operational issues that medical institutions will need to consider as they determine what actions, if any, to take in response to the executive order.

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