CA judge clears hospital for youth trans treatments as NY facility halts program

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A California judge is requiring a San Diego children’s hospital to continue providing transgender treatment to minors for now, extending a temporary restraining order as hospitals in California and New York take very different approaches to President Donald Trump’s executive order threatening to withdraw federal funding.

San Diego Superior Court Judge Matthew Braner agreed last week to extend a temporary restraining order for 15 days, allowing Rady Children’s Health to continue providing hormone therapy and puberty blockers to minors despite efforts by the Trump administration to ban such treatments and fears of losing federal funds.

The judge’s order comes as a New York City hospital announced this week that it was ending its health program for transgender youth, in part because of the “current regulatory environment” — a result of Trump’s executive order to ban transgender medical procedures for minors.

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President Donald Trump speaks to the media

President Donald Trump speaks to the media after signing executive orders in the Oval Office. (Chip Somodevilla/Getty Images)

At issue is Trump’s executive order, signed shortly after taking office, that aims to end transgender treatment of minors. In December, the Department of Health and Human Services proposed a new rule that would eliminate federal Medicare and Medicaid funding for hospitals that provide “gender rejection procedures” for children under 18.

NYU Langone Health, one of New York City’s largest hospital networks, said the change was due to what hospital officials cited as “the current regulatory environment.”

Meanwhile, attorneys for the San Diego hospital argued in court that continuing treatment for minors, even temporarily, could put it at immediate risk and threaten its Medicaid and Medicare funding — a critical revenue source given Rady’s status as Southern California’s largest children’s health care provider.

Braner acknowledged after hearing from both sides that Rady and other hospitals likely feel caught “between a rock and a hard place” amid increased scrutiny from the Trump administration.

Still, he said concerns about loss of funding could be quickly resolved if that scenario occurs. “We will clear our calendar and we will have a hearing within 24 hours of any notice” from HHS, he said, according to local media.

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Donald Trump and pro-transgender protesters

Trump and protesters advocating for transgender treatment of minors are seen in this divided image. (Getty Images)

The judge’s assurances, whose extension is expected to last until March 15, did little to placate Rady’s lawyers, who cited the risks of noncompliance and told the judge that even in a short time, continuing treatment could present a “catastrophic risk.”

The legal back-and-forth comes as more than 40 hospitals in the United States have so far restricted such treatments for minors, consistent with administration guidelines, according to data compiled by STAT News earlier this month.

“Given the recent departure of our medical director, coupled with the current regulatory environment, we have made the difficult decision to discontinue our transgender youth health program,” NYU Langone officials said this week in a statement announcing the hospital was ending transgender treatment for minors.

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Children's National Hospital in Washington, DC

Hospital staff at Children’s National Hospital watch as the U.S. Navy Blue Angels and U.S. Airforce Thunderbirds fly over the DC area May 2, 2020 in Washington, DC. (Photo by Sarah Silbiger/Getty Images)

“We are committed to helping the patients in our care manage this change. This has no impact on our pediatric mental health care programs, which will continue,” the hospital said.

Rady San Diego officials previously announced that the hospital would also stop treatment for minors in accordance with Trump administration guidelines. The announcement prompted California Attorney General Rob Bonta to file a lawsuit earlier this year.

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