Attorney General Charity Clark, along with attorneys general from 17 other states and the governor of Pennsylvania, has filed a lawsuit to stop the U.S. Department of Health and Human Services (HHS) from enforcing a new policy that restricts access to gender-affirming care for young people. The lawsuit claims that HHS’s recent “declaration” labels certain gender-affirming treatments as “unsafe and ineffective” and threatens health care providers with exclusion from Medicare and Medicaid if they continue offering such care.
The coalition argues that HHS is changing medical standards without following federal requirements for public notice and comment, which undermines states’ traditional authority to regulate medicine. The attorneys general are asking the court to overturn what they describe as an unlawful declaration.
“I will never stop fighting for our rights to control our own bodies, and that includes access to gender-affirming care for transgender youth,” said Attorney General Clark. “Contrary to what Secretary Kennedy claims, the major medical organizations agree that gender-affirming care is safe and effective. Decisions to seek that care should be between a patient and their doctor.”
On December 18, HHS released its declaration stating it could exclude providers who offer gender-affirming care for transgender youth from participating in Medicare and Medicaid programs. The agency also introduced two proposed rules aiming to ban these providers from the programs entirely and prohibit Medicaid payments for transgender health services. These proposals are open for public comment until February 17, 2026.
The attorneys general contend that by issuing this declaration without seeking input from doctors, patients, or states, HHS is overstepping its authority. They argue federal law requires agencies like HHS to allow public participation before making significant changes in health policy. States have historically regulated medical practice, not the federal government.
This marks the 40th lawsuit Attorney General Clark has filed against actions taken by the Trump Administration since January of President Trump’s term. More information about these legal actions can be found at https://ago.vermont.gov/ago-actions.