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Do No Harm in Medicaid Act

Introduced Jan 16, 2025 · Last action Dec 18, 2025 Received in the Senate and Read twice and referred to the Committee on Finance.

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Summary

This legislation is called the Do No Harm in Medicaid Act. It is being reviewed by a committee.

Full bill text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 498 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 498

   To amend title XIX of the Social Security Act to prohibit Federal
     Medicaid funding for gender transition procedures for minors.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 16, 2025

  Mr. Crenshaw (for himself and Ms. Greene of Georgia) introduced the
   following bill; which was referred to the Committee on Energy and
                                Commerce

_______________________________________________________________________

                                 A BILL

   To amend title XIX of the Social Security Act to prohibit Federal
     Medicaid funding for gender transition procedures for minors.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Do No Harm in Medicaid Act''.

SEC. 2. PROHIBITING FEDERAL MEDICAID FUNDING FOR GENDER TRANSITION FOR
              MINORS.

    (a) In General.--Section 1903(i) of the Social Security Act (42
U.S.C. 1396b(i)) is amended--
            (1) in paragraph (26), by striking ``; or'' and inserting a
        semicolon;
            (2) in paragraph (27), by striking the period at the end
        and inserting ``; or''; and
            (3) by inserting after paragraph (27) the following new
        paragraph: ``(28) with respect to any amount expended for
        specified gender procedures under section 1905(kk) to an
        individual under 18 years of age enrolled in a State plan (or
        waiver of such plan), including any amounts expended for the
        administration of a State program that furnishes specified
        procedures and drugs to individuals under 18 years of age.''.
            (4) in the flush left matter at the end, by striking ``and
        (18),'' and inserting ``(18), and (28)''.
    (b) Prohibiting Federal Medicaid Funding for Gender Transitions for
Minors.--Section 1905 of the Social Security Act (42 U.S.C. 1396d) is
amended by adding at the end the following new subsection:
                    ``(KK) Prohibiting federal medicaid funding for
                gender transitions for minors.--
                    ``(A) For purposes of section 1903(i)(28), except
                as provided in subparagraph (B), the term `specified
                gender transition procedures' means, with respect to an
                individual, any of the following when performed for the
                purpose of intentionally changing the body of such
                individual (including by disrupting the body's
                development, inhibiting its natural functions, or
                modifying its appearance) to no longer correspond to
                the individual's sex:
                            ``(i) Performing any surgery, including--
                                    ``(I) castration;
                                    ``(II) sterilization;
                                    ``(III) orchiectomy;
                                    ``(IV) scrotoplasty;
                                    ``(V) vasectomy;
                                    ``(VI) tubal ligation;
                                    ``(VII) hysterectomy;
                                    ``(VIII) oophorectomy;
                                    ``(IX) ovariectomy;
                                    ``(X) metoidioplasty;
                                    ``(XI) clitoroplasty;
                                    ``(XII) reconstruction of the fixed
                                part of the urethra with or without a
                                metoidioplasty or a phalloplasty;
                                    ``(XIII) penectomy;
                                    ``(XIV) phalloplasty;
                                    ``(XV) vaginoplasty;
                                    ``(XVI) vaginectomy;
                                    ``(XVII) vulvoplasty;
                                    ``(XVIII) reduction
                                thyrochondroplasty;
                                    ``(XIX) chondrolaryngoplasty;
                                    ``(XX) mastectomy; and
                                    ``(XXI) any plastic, cosmetic, or
                                aesthetic surgery that feminizes or
                                masculinizes the facial or other
                                physiological features of an
                                individual.
                            ``(ii) Any placement of chest implants to
                        create feminine breasts or any placement of
                        erection or testicular prosetheses.
                            ``(iii) Any placement of fat or artificial
                        implants in the gluteal region.
                            ``(iv) Administering, supplying,
                        prescribing, dispensing, distributing, or
                        otherwise conveying to an individual
                        medications, including--
                                    ``(I) gonadotropin-releasing
                                hormone (GnRH) analogues or other
                                puberty-blocking drugs to stop or delay
                                normal puberty; and
                                    ``(II) testosterone, estrogen,
                                progesterone or other androgens to an
                                individual at doses that are
                                supraphysiologic, greater or more
                                potent than would normally be produced
                                endogenously in a healthy individual of
                                the same age and sex.
                    ``(B) Exception.--Subparagraph (A) shall not apply
                to the following when furnished to an individual by a
                health care provider with the consent of such
                individual's parent or legal guardian:
                            ``(i) Puberty suppression or blocking
                        prescription drugs for the purpose of
                        normalizing puberty for an individual
                        experiencing precocious puberty.
                            ``(ii) Appropriate and medically necessary
                        procedures or treatments to correct for--
                                    ``(I) a medically verifiable
                                genetic disorder of sex development,
                                including--
                                            ``(aa) 46,XX chromosomes
                                        with virilization;
                                            ``(bb) 46,XY chromosome
                                        with undervirilization; and
                                            ``(cc) both ovarian and
                                        testicular tissue;
                                    ``(II) sex chromosome structure,
                                sexsteroid hormone production, or sex
                                hormone action, if determined to be
                                abnormal for a healthy individual of
                                the same sex and age by a physician
                                through genetic or biochemical testing;
                                    ``(III) infection, disease, injury,
                                or disorder caused or exacerbated by a
                                previous procedure described in
                                subparagraph (A), or a physical
                                disorder, physical injury, or physical
                                illness that would, as certified by a
                                physician, place the individual in
                                imminent danger of death or impairment
                                of a major bodily function unless the
                                procedure is performed, not including
                                procedures performed for the
                                alleviation of mental distress; or
                                    ``(IV) procedures to restore or
                                reconstruct the body of the individual
                                in order to correspond to the
                                individual's sex after one or more
                                previous procedures described in
                                subparagraph (A), which may include the
                                removal of a pseudo phallus or breast
                                augmentation.
                    ``(C) Sex.--For purposes of subparagraph(A), the
                term `sex' means either male or female, as biologically
                determined and defined by clause (i) and clause (ii).
                            ``(i) Female.--The term `female' means an
                        individual who naturally has, had, will have,
                        or would have, but for a developmental or
                        genetic anomaly or historical accident, the
                        reproductive system that at some point
                        produces, transports, and utilizes eggs for
                        fertilization.
                            ``(ii) Male.--The term `male' means an
                        individual who naturally has, had, will have,
                        or would have, but for a developmental or
                        genetic anomaly or historical accident, the
                        reproductive system that at some point
                        produces, transports, and utilizes sperm for
                        fertilization.''.
                                 <all>

Official legislative text sourced from the public record (cached on CivicsHQ).

Official source

View the original bill, actions, and full legislative record on Congress.gov.

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Status

Failed

This bill did not complete the normal legislative path (failed).

Timeline reflects current normalized status only. Full action history is not yet stored in the API.

Votes

HouseRoll Call 362Dec 18, 2025

On passage Passed by the Yeas and Nays: 215 - 201 (Roll no. 362). (text: CR H6057)

Vote totals recorded, but member positions were not captured.

HouseRoll Call 361Dec 18, 2025

On motion to recommit Failed by the Yeas and Nays: 204 - 212 (Roll no. 361).

Vote totals recorded, but member positions were not captured.