Press Releases

Today, Education and Labor Committee Republican Leader Virginia Foxx (R-NC) and Health, Employment, Labor, and Pensions Subcommittee Republican Leader Rick Allen (R-GA) sent a letter to Department of Health and Human Services (HHS) Secretary Xavier Becerra urging HHS to withdraw its proposed rule, titled “Nondiscrimination in Health Programs and Activities,” which radically reinterprets the definition of “sex” to include gender identity, sexual orientation, and pregnancy termination under the guise of nondiscrimination.

In the letter, Foxx and Allen write: “These changes would mandate that covered entities, including private health plans, provide gender-affirming procedures, including procedures for children, and abortions. The proposed rule also inappropriately attempts to extend HHS regulatory authority over self-funded health plans.”

The Members continue: “As we wrote previously to the Department of Education, the change to the interpretation of ‘sex’ has nothing to do with protecting individuals from discrimination. Attempts by the Biden administration to redefine ‘sex’ represent another front in Democrats’ ongoing culture war, whose casualties already include too many boys and girls who have been permanently harmed by this administration’s actions. The Left’s blatant and intentional attempts to redefine our sons’ and daughters’ identities by questioning biology has already done significant harm to our children and society. We categorically oppose discrimination on the basis of sex. The HHS proposed rule, however, could force some medical professionals to violate their expertise or beliefs on the best care plan for individuals—particularly children—seeking gender transition medical services.”

The Members conclude: “A federal court has previously ruled that attempts to make these changes to the interpretation of ‘sex’ are outside the Department’s authority. … The proposed rule is harmful policy, bad law, and inappropriately attempts to regulate self-funded health plans, and we therefore urge you to withdraw it.”

Read the full letter here.

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