Trump to roll back Obama-era policy that forces hospitals to perform gender transition treatments

President Donald Trump's administration is reportedly preparing to finalize a policy that would revoke an Obama-era health care rule that critics say forces hospitals, doctors and health insurers to cover or provide gender transition treatments.

According to The Hill, the Department of Health and Human Services (HHS) is expected to release the proposed rule in the coming weeks or months.

The proposal would reportedly rescind an HHS mandate enacted in 2016 that prohibits health care providers and insurers who receive federal tax dollars from denying treatment or coverage to patients on the basis of gender identity.

Under the 2016 HHS mandate, procedures and services offered by hospitals and doctors to nontransgender patients for medical reasons, such as hysterectomy, must be offered to transgender individuals if deemed "medically necessary."

A lawsuit challenging the mandate in court was filed by five states and several organizations like the Christian Medical and Dental Associations and the Franciscan Alliance.

The complainants argued that the rule would force doctors and hospital to "perform controversial and sometimes harmful medical procedures ostensibly designed to permanently change an individual's sex — including the sex of children." They also claimed that the law would require faith-based hospitals and doctors to perform sex reassignment procedures even if they feel that it would violate their religious or moral convictions.

A nationwide injunction was issued by a Texas district court judge to prevent the gender identity and pregnancy termination provisions from taking effect. The HHS under the Trump administration decided not to appeal the ruling.

Pro-LGBT activist groups have expressed their objection to the proposal to rescind the 2016 HHS mandate, claiming that it would make it easier for transgender patients to be discriminated against.

The Hill reported that once the Justice Department completes its review of the policy, its final step before the rule's release would be a review by the Office of Management and Budget.

"I don't think they [HHS] are going to have an easy time ... and we'll make sure they hear every objection and justify what they're doing," said Joshua Block, a senior staff attorney at the American Civil Liberties Union, said.

Sasha Buchert, a staff attorney at Lambda Legal, said that she was surprised by how quickly the new proposal was drafted.

"I expected them to take more time in deliberating, in the same way the original rule was crafted, rather than crafting something internally and sending it over to DOJ," she said.

The proposed rule has been seen as one of many attempts made by the Trump administration to use regulations rather than legislation to change ObamaCare. In May, Trump issued an executive order highlighting religious objections to the contraceptive mandate. Another leaked proposed rule from the HHS would reportedly allow any organization to claim an exemption from the mandate, even if their objections are not faith-based.