OLYMPIA, Wash. – Attorney General Nick Brown is leading a coalition of 19 states in a lawsuit against the U.S. Department of Health and Human Services (HHS) over its declaration limiting access to gender-affirming care for young people.
Brown, joined by other attorneys general, argues that HHS Secretary Robert F. Kennedy, Jr.’s declaration unlawfully attempts to restrict care by threatening to exclude providers from Medicare and Medicaid. The coalition claims this violates federal statutes and undermines state authority to regulate medicine.
“The law does not change on one man’s whim, and this care remains legal under federal and state law,” Brown said in a press release. “The administration is stigmatizing young people and unlawfully trying to rob them of care that is lifesaving in some instances.”
On December 18, HHS issued a declaration and proposed rules that could bar gender-affirming care providers from participating in federal programs. The public has until February 17, 2026, to comment on these proposals.
The coalition contends that HHS is bypassing necessary legal processes by not allowing public input on significant healthcare policy changes. Brown and other state leaders emphasize that health regulation traditionally falls under state jurisdiction, not federal.
Gender-affirming care remains protected in Washington, but the HHS actions could impact nearly 6,000 providers in the state offering such care through the Apple Health program. Brown said this creates uncertainty for transgender youth and their families and places doctors in a difficult position.
The lawsuit, co-led by attorneys general from Oregon and New York, includes representatives from 18 other states and the governor of Pennsylvania.
In a related case, Brown previously secured an injunction against President Trump’s executive orders that threatened funding for institutions providing gender-affirming care.
