Texas and Montana have taken legal action against the U.S. Department of Health and Human Services (HHS) and the Biden Administration over a controversial new rule.
This rule mandates that states cover “gender transition” procedures under Medicaid and requires healthcare providers to perform them, even if it contradicts state law.
“I’m suing Biden Administration for adopting a new rule that forces states to pay for “gender transition” procedures through their Medicaid programs & requires healthcare providers to perform these procedures even when doing so would violate state law,” said Texas Attorney General Paxton.
Issued in May 2024, the rule threatens to withhold federal healthcare funding, including Medicaid and Medicare, from any medical institution that refuses to comply.
This overreach, based on a broad interpretation of the Affordable Care Act, has been challenged as unconstitutional and exceeding the authority granted by the Act.
Paxton, leading the lawsuit, argues that the rule unlawfully overrides state laws and seeks an injunction to prevent its enforcement.
The case highlights the ongoing tension between federal and state powers in healthcare policy, particularly concerning sensitive and controversial medical procedures.
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“This is yet another example of Joe Biden trying to sidestep the Constitution and use agency rulemaking to advance unpopular, unlawful, and destructive policies,” said Attorney General Paxton.
“We are suing to stop the Biden Administration from withholding federal healthcare funds to force medical professionals to perform these experimental and dangerous procedures,” he said.
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