Attorney General Jennings today announced a statement opposing two of the Trump Administration’s newly proposed rules: one that would prohibit federal reimbursement for gender-affirming care for minors in the Medicaid and Children’s Health Insurance Programs, and another that would prohibit providers who perform gender-affirming care on minors from participating in the Medicaid and Medicare programs.
“History tells us that faltering regimes have a tendency to seek out scapegoats, and the Trump Administration is no exception with its obsession with transgender youth.” said Attorney General Kathy Jennings. “These brutal, unscientific, and illegal proposed rule changes are yet another attempt by this Administration to distract from their failures and frame trans youth as problems that need to be solved. We’re not going to stand for it.”
“We live in a state of freedom, and Delaware will not allow the federal government to bully or erase the transgender community,” Governor Matt Meyer said. “I will use every tool at my disposal to ensure our state remains a place where people can live safely, access the healthcare they need, and be treated with respect—no matter who they are or who they love.”
The Medicaid and CHIP Reimbursement Rule would stop two federal healthcare programs from paying for medically necessary gender-affirming healthcare for anyone under the age of 18 under Medicaid and under age 19 under CHIP. The “Condition of Participation” Rule would unlawfully prohibit providers of medically necessary gender-affirming care from participating in the Medicaid and Medicare programs. The U.S. Department of Health and Human Services is required to accept public comments on the proposed rules for 60 days. After that, HHS may publish Final Rules that would become effective 60 days later, but only if no court blocks the Final Rules from going into effect.
Gender-affirming care (such as hormone therapy or other medically recognized treatments) is legal in Delaware and recognized by medical authorities as medically necessary. While nationwide, some states are banning or penalizing such care; House Bill 205 ensures that Delaware remains a safe state where providers can practice without fear of cross-state legal consequences, and protects patients and their health information from being used in hostile legal actions elsewhere. In addition, Delaware has an executive order issued by Governor Matt Meyer in June of 2025 that that limits cooperation with out-of-state subpoenas or disciplinary actions relating to GAC.
In early December, AG Jennings joined a coalition of 20 attorneys general in filing an amicus brief opposing the U.S. Department of Justice’s (U.S. DOJ) subpoena targeting the release of private medical records, including patient records, related to gender-affirming care at Children’s Hospital Colorado. In October, AG Jennings filed similar amicus briefs opposing U.S. DOJ’s subpoena for patient records related to gender-affirming care at Boston Children’s Hospital and Children’s Hospital of Philadelphia. And in August, AG Jennings joined a multistate coalition in filing a lawsuit that challenges the Trump Administration’s executive order that attempts to restrict the provision of medically-necessary gender-affirming care for individuals under the age of 19 by threatening providers with civil and criminal prosecution under specious legal theories. Attorney General Jennings continues to stand firmly in support of healthcare policies that respect the dignity and rights of all people and has worked tirelessly to protect the LGBTQ+ community against unlawful threats from the Trump Administration.