New Hampshire Families Ask Federal Court to Immediately Block Trump Administration Rule Restricting Health Care for Transgender Youth on Medicaid

Families are seeking immediate relief to be able to continue their children’s medical care.

Today, a federal court heard oral arguments in Goe v. US Department of Health and Human Services, the lawsuit brought by four New Hampshire families seeking an immediate injunction to stop the Trump administration from denying their transgender children essential medical care. GLAD Law attorney Chris Erchull argued today on behalf of the families, asking the court to grant a preliminary injunction to preserve their children’s medical care while the case proceeds. 

The lawsuit, filed by GLAD Law, the National Center for LGBTQ Rights, the ACLU of New Hampshire, and Robinson + Cole, challenges a rule the Centers for Medicare & Medicaid Services (CMS) issued in August cutting off federal Medicaid and CHIP funding for medications and other treatment for gender dysphoria for young people. The ban applies even when a patient’s own doctor has determined the care is medically necessary. 

The rule took effect on October 13. Since then, plaintiffs have already encountered issues accessing the care they need, making an injunction even more urgent. 

“The families in this case have made careful decisions with their family doctors about the right medical care for their children, and they are simply asking to be able to continue providing them that care.” said Chris Erchull, Senior Staff Attorney, GLBTQ Legal Advocates & Defenders (GLAD Law). “Today we asked the court to protect these youth and ensure low-income families can continue accessing the vital medical care they need.”

“These families worked with their doctors on paths for care, only to see that care ripped away by politicians seeking points in a political agenda,” said Rachel Berg, Senior Staff Attorney at the National Center for LGBTQ Rights (NCLR). “We are urging the court to recognize the severe harm this rule inflicts on low-income families and step in to protect these young people while this litigation moves forward.”

“This rule would cut off essential, evidence-based healthcare options for some young people and take important decisions away from families,” said Henry Klementowicz, Deputy Legal Director of the ACLU of New Hampshire. “Transgender youth and their families covered by Medicaid deserve to make medical care decisions in concert with their health care professionals – not politicians.”

New Hampshire’s legislature has already decided that cutting off care for young people who are in the middle of treatment would be wrong. The Trump administration’s rule overrides that decision for people who can’t afford to pay for private health insurance.

Learn more about the case.