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Morning Briefing

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Thursday, Sep 28 2023

Full Issue

Montana's Ban On Youth Gender Care Blocked On Constitutional Grounds

Enforcement of the state's recently enacted ban on gender-affirming care for minors is now blocked, as Missoula County District Judge Jason Marks ruled it likely discriminates based on minors' transgender status. Separately, HHS proposed a rule to protect LGBTQ+ children in foster care.

The Hill: Montana Judge Blocks State Ban On Gender-Affirming Care For Trans Youth

Two transgender minors, their parents and two pediatric endocrinologists sued Montana in May, alleging in a lawsuit filed in Missoula County that the new law, Senate Bill 99, would violate their rights under the state constitution if it is allowed to take effect. District Judge Jason Marks granted a preliminary injunction Wednesday. He wrote in his opinion that Senate Bill 99 “is unlikely to survive any level of constitutional review” and “barring access to gender-affirming care would negatively impact gender dysphoric minors’ mental and physical health.” (Migdon, 9/27)

Reuters: Montana Judge Blocks Ban On Gender-Affirming Care For Transgender Youth

A Montana judge on Wednesday blocked enforcement of the state's recently enacted ban on gender-affirming medical care for minors, marking the latest ruling nationally in battles over state restrictions on treatments for transgender youth. Missoula County District Judge Jason Marks ruled that the law likely discriminated based on minors' transgender status and infringed on their privacy rights in violation of Montana's constitution. (Trotta and Raymond, 9/27)

Missouri Independent: Missouri Families Feel Duped As Health Providers Halt Trans Care 

Harry Castilow said his family did “all the things you’re supposed to do” when his teenage son Jay came out as transgender. Jay began his social transition in 2021 when he was 15, choosing his name and living as a teenage boy. He went to therapy throughout that first year and got appointments with a new primary-care doctor and an endocrinologist, a doctor that specializes in hormones. (Hanshaw, 9/27)

Meanwhile, moves are made to protect LGBTQ+ foster children —

AP: New Rules Aim To Make Foster Care With Family Easier, Provide Protection For LGBTQ+ Children

The Biden administration is moving to make it easier for caregivers to take in family members in the foster care system, requiring states to provide them with the same financial support that any other foster home would receive. It also proposed a new regulation aimed at ensuring that LGBTQ+ children are protected in their foster homes from mistreatment due to their sexual orientation or gender identity. (Murphy, 9/27)

Politico: HHS Proposes Rule To Protect LGBTQ Foster Kids

HHS proposed a rule Wednesday that would require states’ child welfare agencies to train foster parents in providing for LGBTQ children in their care. The proposal, part of a slate of actions the Biden administration took Wednesday to expand the child welfare system, follows an executive order signed last year amid a rise in anti-LGBTQ state laws. (Cirruzzo, 9/27)

And some new Medicare Advantage plans are aimed at LGTBQ+ people —

KFF Health News: New Medicare Advantage Plans Tailor Offerings To Asian Americans, Latinos, And LGBTQ+

As Medicare Advantage continues to gain popularity among seniors, three Southern California companies are pioneering new types of plans that target cultural and ethnic communities with special offerings and native-language practitioners. Clever Care Health Plan, based in Huntington Beach, and Alignment Health, based in nearby Orange, both have plans aimed at Asian Americans, with extra benefits including coverage for Eastern medicines and treatments such as cupping and tui na massage. Alignment also has an offering targeting Latinos, while Long Beach-based SCAN Health Plan has a product aimed at the LGBTQ+ community. All of them have launched since 2020. (Stephens, 9/28)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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