ATTORNEY GENERAL PHIL WEISER SUES TRUMP ADMINISTRATION OVER LATEST ATTACK ON HEALTH CARE FOR TRANSGENDER YOUTH

The following information was released by the office of the Colorado Attorney General:

Attorney General Phil Weiser today joined a coalition challenging the Trump administration's attempt to prohibit states from using federal Medicaid funds for gender-affirming health care for low-income minors and some young adults.

In their complaint, the attorneys general argue that the rule would set a troubling and unlawful precedent that the executive branch can, without congressional authorization, replace individualized judgments made by licensed medical practitioners with a categorical, agency-determined prohibition on reimbursement for health care it disfavors.

"The Trump administration is once again singling out transgender youth, this time by trying to deny them access to medically necessary care simply because they rely on Medicaid," said Attorney General Weiser. "Parents, in consultation with trusted medical providers, know what is best for their children, not federal political appointees in Washington. This rule is unlawful, it interferes with Colorado's authority to provide health care to our residents, and we are challenging it in court."

In their lawsuit, the coalition argues that since the creation of the Medicaid and Children's Health Insurance Program, or CHIP, programs in the 1960s, Congress has granted states the authority to determine which services their programs cover, subject to limits set by law. The coalition asserts that the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services are now acting without statutory authority to override state Medicaid agencies and individualized treatment decisions made by health care providers. The rule instead categorically excludes medically necessary health care from federal reimbursement when provided to low-income transgender adolescents.

In December 2025, HHS proposed a rule prohibiting federal reimbursement for gender-affirming care for Medicaid beneficiaries under age 18 and CHIP beneficiaries under age 19, while continuing to allow federal reimbursement for the same treatments when provided for other medical purposes. HHS received more than 30,000 comments on the proposal, more than 90% of which opposed the rule, including comments submitted by Attorney General Weiser and a coalition of state attorneys general. Despite that opposition, HHS finalized the rule in August. It is scheduled to take effect Oct. 13, 2026.

The coalition argues that the rule runs counter to several federal and state laws. They also assert that the rule violates the Administrative Procedure Act and the Spending Clause of the U.S. Constitution.

Since President Trump began his second term, Weiser has repeatedly challenged administration efforts to restrict access to gender-affirming care, including executive actions targeting health care providers and attempts to withhold federal funding from states and institutions that protect access to this care.

Joining Attorney General Weiser in filing today's lawsuit are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Rhode Island, Vermont, Virginia, Washington, and Wisconsin, along with the governor of Pennsylvania.