Stop Funding Genital Mutilation Act
S. 2008, the Stop Funding Genital Mutilation Act, would amend the Social Security Act to block federal Medicaid and CHIP funding for gender transition procedures. It creates a new category called “specified gender transition procedures” and prohibits any amount expended for these procedures when provided to individuals enrolled in a state Medicaid plan or CHIP (including waivers). The bill defines this category broadly to cover many surgeries, implants, and certain medications intended to change a person’s body to align (or not align) with a chosen gender, based on the bill’s stated purpose of changing the body to no longer correspond to the individual’s sex. It includes important exceptions for specific medical circumstances and requires parental consent for those exceptions. The bill also adds explicit definitions of “sex” as male or female for purposes of these rules and sets out detailed terms for what counts as a “specified gender transition procedure.” Overall, if enacted, federal funds would not be used for these procedures under Medicaid and CHIP, and states would need to adjust their programs accordingly.
Key Points
- 1Prohibits federal Medicaid and CHIP funding for specified gender transition procedures (1903(i)(28) and 2107(e)(1)(N) amendments).
- 2Defines “specified gender transition procedures” to include a wide range of surgeries, implants, and medications intended to change a person’s body to no longer correspond to their sex, as listed in the new SSA 1905(kk).
- 3Provides exceptions to the prohibition, including:
- 4- Puberty suppression or blocking drugs for precocious puberty (with parental consent).
- 5- Medically necessary procedures to address disorders of sex development or other specified medical conditions, and procedures to restore or reconstruct the body after prior procedures.
- 6Establishes a biological definition of sex (male and female) for purposes of the bill.
- 7Applies to Medicaid and CHIP funding (including waivers) and would require state plan amendments to reflect the prohibition.