Nessel joined a coalition of 19 other states, the District of Columbia, and Pennsylvania’s governor challenging a new Trump administration rule that would prohibit federal Medicaid reimbursement for certain transgender-related treatments for beneficiaries under 18 and CHIP beneficiaries under 19.

Who Picks Up the Tab?

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The rule doesn’t prohibit states from allowing the procedures. Instead, the fight centers on whether federal Medicaid and CHIP dollars can be used to reimburse them. In other words, states can make their own policy choices. The Trump administration just doesn’t want federal taxpayers picking up this particular tab.

Nessel disagrees. “Medical decisions should be made by parents, patients, and medical experts – not politicians,” she said.

The press release from Nessel’s office goes on to criticize Trump by saying, “Since the first day of President Trump’s second term, the administration has launched relentless attacks on this small and vulnerable population in nearly every aspect of their lives, but especially in healthcare.”

Michigan Says States Should Decide

Nessel and the coalition argue Congress has historically given states authority to determine which services their Medicaid and CHIP programs cover, within limits established by federal law. They contend HHS and CMS don’t have the legal authority to impose the new categorical reimbursement restriction.

The rule is scheduled to take effect Oct. 13.