Idaho Gov. Brad Little – Photo: Phil White / Office of the Governor of Idaho
Idaho Republican Gov. Brad Little signed a bill into law prohibiting Medicaid and state employee health plans from covering the cost of gender-affirming medications and procedures for low-income transgender adults and minors.
House Bill 668 declares that public funds “shall not reimburse or provide coverage for any surgical operation or medical intervention…for purposes of altering the appearance of an individual in order to affirm the individual’s perception of the individual’s sex in a way that is inconsistent with the individual’s biological sex.”
The bill contains exemptions for certain types of surgical operations or medical interventions, such as those deemed medically necessary; those meant to force intersex people or those with “a medically verifiable genetic disorder of sex development” to conform to binary bodily stereotypes; and those used to help a person “de-transition” or to treat an “infection, injury, disease or disorder that has been caused or exacerbated by” gender-affirming surgery.
It also declares that any transition-related procedures performed to alter a person’s appearance to align with their gender identity, rather than their assigned sex at birth, does not qualify as “medically necessary.”
Because the bill prohibits “public funds,” state employees, like teachers or government workers, are barred from using their employer-sponsored health plan to cover the cost of gender-affirming treatments for themselves or their dependents, reports the Idaho Capital Sun.
The measure’s backers argue that it is necessary to prevent taxpayer dollars from being wasted on efforts to affirm a person’s gender identity.
A sponsor of a nearly identical measure argued that the bill does not completely ban transgender people from obtaining coverage for medical procedures or medications — just as long as those aren’t related to their transition.
“While I have great compassion for those who struggle with these issues [of gender dysphoria], I also understand that the idea of actually creating the function of the opposite sex is a scientific impossibility,” State Rep. Julianne Young (R-Blackfoot), the sponsor of the similar-in-scope House Bill 520 said during debate.
House Bill 668 ultimately passed the Idaho House of Representatives by a 58-11 vote, and the Idaho Senate by a 26-8 vote. If no legal challenge is mounted against the law, it will take effect on July 1.
The Trump administration has proposed two federal rules that would restrict access to gender-affirming care for transgender minors nationwide.
The proposed regulations, issued by the U.S. Department of Health and Human Services' Centers for Medicare and Medicaid Services (CMS), would bar federal Medicaid funds from covering transition-related care for transgender youth under 19 and threaten to strip federal funding from hospitals that provide gender-affirming treatments to minors.
HHS officials told NBC News that CMS will begin the federal rule-making process with a 60-day public comment period, after which the rules could be finalized.
Congressional lawmakers have approved a measure that would bar Medicaid -- the federal health insurance program for low-income Americans -- from covering gender-affirming care, including hormonal and surgical interventions, for minors.
The "Do No Harm in Medicaid Act," sponsored by U.S. Rep. Dan Crenshaw (R-Texas), is the third in a series of Republican-backed efforts to block people under 18 from accessing medical treatments that assist in a gender transition.
The measure passed by a 215-201 vote, with four Democrats -- Reps. Henry Cuellar (Texas), Vicente Gonzalez (Texas), Don Davis (N.C.) and Marie Gluesenkamp Perez (Wash.) -- joining Republicans in support of the ban.
The U.S. Supreme Court on Tuesday signaled it may uphold state bans barring transgender girls and women from competing on female-designated sports teams during oral arguments in two closely watched cases.
Lower courts previously ruled in favor of the two transgender athletes, who challenged bans in Idaho and West Virginia -- two of the 27 states that have enacted laws banning people assigned male at birth from competing on female sports teams.
Proponents of restricting transgender participation argue that people who are assigned male at birth and undergo male puberty prior to transitioning retain physiological advantages that give them an unfair edge over cisgender female competitors.
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