On February 17, Asian Americans Advancing Justice Southern California (AJSOCAL) and partners, Viet Rainbow of Orange County (VROC) and Hmong Innovating Politics (HIP), submitted a letter opposing the Centers for Medicare and Medicaid Services (CMS)’s new rule interpretation that would withdraw Medicare and Medicaid funding from hospitals providing gender‑affirming care to children. The rule states that it would stop Medicare and Medicaid funding for hospitals that provide gender affirming care to children. We oppose the new rule not only as being harmful to our children but also an unequal application of CMS standards of safety and efficacy, an impermissible direct “control over the practice of medicine,” and strongly urge CMS to withdraw the rule.
AJSOCAL’s Health Access Program, in collaboration with partner organizations such as HIP and VROC, works to address the health care needs of AAPI communities and other underserved populations by increasing access to affordable, quality health care, ensuring culturally and linguistically competent health care services, and strengthening our multi-racial democracy.
This proposed rule violates equal protection and would make it more difficult for all Americans to be an active participant in their health care regardless of their gender identity. It would also seriously curtail patient self-determination rights. All immigrant communities, including AAPIs, already experience significant barriers in accessing health care, and these barriers are compounded when AAPIs are queer or TGNC (trans and gender-nonconforming). Both (TGNC) youth and the broader U.S. public benefit from increased respect for patient autonomy and for the fiduciary duty of the physician-patient relationship. Another major flaw in the proposed CMS rule is the assumed belief that there is a narrow definition of what constitutes as a “necessary” procedure, it removes a patient’s right to autonomy and decision over their own healthcare. The government has no right to meddle in a patient’s healthcare. Due to these considerations, we demand the administration to withdraw the notice immediately.
The attacks on the TGNC community have been relentless from the federal administration and also within California. These attacks are transphobic, ignorant, and hateful. We will not stand by idly; we will fight for the futures of our TGNC community, especially our youth. AJSOCAL and our AAPI Queer Joy partners are committed to continue our advocacy in support of and for the protection of our QTAPI and larger LGBTQ+ community.
Read our full public comment here.
