NH trans teens seek injunction against Medicaid gender-care rule
Transgender teenage girls in New Hampshire are suing the federal government over an August CMS rule, effective Oct. 13, that bars most Medicaid funding for gender-affirming care, including transition surgery and hormone blockers, for people under 18. At an Oct. 30 hearing in Concord, GLAD attorney Chris Erchull asked U.S. District Judge Steven McAuliffe to pause the rule while the lawsuit proceeds, arguing Medicaid's EPSDT mandate requires coverage of medically necessary care as determined by providers and states, not the federal government. Judge McAuliffe questioned whether gender dysphoria falls under EPSDT and noted New Hampshire's own 2025 law banning the same care for new patients. DOJ attorney Stephen Tagert argued the rule does not ban care, only federal payment for it, and that New Hampshire and the federal government are aligned on the issue.