OLYMPIA, WA – Washington Attorney General Nick Brown is co-leading a coalition of 20 states in a legal challenge to a recent federal declaration concerning gender-affirming care for children. The lawsuit, filed against U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., seeks to block a declaration that threatens providers with exclusion from Medicare and Medicaid for offering such care.

Kennedy’s declaration claims certain gender-affirming procedures are “unsafe and ineffective” and could result in penalties for doctors, hospitals, and clinics that continue providing care. HHS has also proposed rules that would bar providers and associated hospitals from participating in Medicare and Medicaid and ban Medicaid payments for transgender health care for minors. The agency is accepting public comments on the proposals until February 17, 2026.

Brown and the coalition argue the federal declaration violates law by bypassing the required notice and comment process and interfering with states’ authority to regulate medical care. “The law does not change on one man’s whim, and this care remains legal under federal and state law,” Brown said. “This action is as cruel and unnecessary as it is illegal.”

The lawsuit notes that nearly 6,000 providers in Washington could be affected if the declaration were enforced. Attorneys general from Oregon and New York are co-leading the case, joined by officials from 17 other states and the District of Columbia, as well as the governor of Pennsylvania.

The coalition is asking the court to declare the HHS action unlawful and prevent its enforcement. HHS officials maintain the measures are intended to protect children from irreversible procedures, including puberty blockers, cross-sex hormones, and surgery.

The case highlights ongoing legal and political disputes over the federal role in regulating health care for transgender youth.