Gabe Scannapieco and Aditya Krishnaswamy Provide Regulatory and Litigation Update on Federal Enforcement Against Gender-Affirming Care in Law360

AGG Gender-Affirming Care Investigations Response Team attorneys Gabe Scannapieco and Aditya Krishnaswamy authored an article in Law360 examining the rapidly evolving federal enforcement landscape surrounding pediatric gender-affirming care.

Gabe and Aditya analyze a series of federal actions beginning in 2025, including executive orders establishing enforcement priorities, U.S. Department of Justice (“DOJ”) investigations, and regulatory initiatives from the U.S. Department of Health and Human Services (“HHS”). These developments include a formal declaration from HHS Secretary Robert F. Kennedy Jr., proposed Centers for Medicare & Medicaid Services (“CMS”) rules that could condition hospital participation in Medicare and Medicaid on ceasing gender-affirming care for minors, as well as referrals of providers to the HHS Office of Inspector General for potential exclusion from federal healthcare programs.

Gabe and Aditya explain that these coordinated enforcement efforts create significant legal and operational risks across the healthcare and life sciences sectors, including potential False Claims Act exposure, administrative subpoenas, and reimbursement and market access considerations. As litigation and rulemaking continue to unfold, healthcare institutions and life sciences companies should closely monitor developments in this rapidly changing regulatory environment.

Please click here to read the full article and learn more about federal enforcement against gender-affirming care (subscription required).