Analyzing Federal Scrutiny of Gender-Affirming Care and Minority-Focused Healthcare Initiatives and the Impact on Hospitals and Employer Health Plans
Navigating the Risks of Compliance and Noncompliance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Health
- event Date
Thursday, April 3, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will examine the recently issued executive order (EO) prohibiting or limiting gender-affirming care for individuals under the age of 19 and its impact on healthcare providers and employer health plans. Our panel will also examine the recently issued EOs and increased scrutiny on minority-focused healthcare initiatives and their impact on hospitals and healthcare provider organizations. The expert panel will provide an in-depth look at the EOs, the potential legal and operational issues created for hospitals, healthcare providers, and other organizations, and the risks of compliance and noncompliance where the executive orders may be at odds with federal and state law.
Faculty

Mr. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the healthcare and life sciences industry. Drawing on his extensive laboratory and public health background, he regularly advises on clinical and diagnostic laboratory matters, anatomic pathology and fertility laboratory compliance. Mr. Fosheim represents hospitals, health systems and physician practice management companies in all aspects of transactional and operational matters, particularly those with regulatory, licensing, accreditation and policy considerations. He has also negotiated several acquisitions and sales of proton therapy centers. Mr. Fosheim also writes, speaks and advises on quality, access and patient empowerment in the provision of equitable healthcare services, with a particular focus on helping covered entities comply with the nondiscrimination provisions of Section 1557 of the Affordable Care Act and Section 504 of the Rehabilitation Act of 1973.

Mr. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters related to pension plans, 401(k) plans and executive and incentive compensation. He advises plan fiduciaries with respect to their fiduciary duties, investment policies and alternative investments. Mr. Tiemann also advises multinational clients on global employee benefits matters, particularly with respect to global incentive compensation plans. He has extensive experience negotiating investment management agreements and service provider agreements. Mr. Tiemann is a frequent author and speaker on employee benefits issues related to the investment of tax-qualified plan assets and issues resulting from domestic partnerships and same-sex marriages and has presented at the Association for Financial Professionals’ annual conferences, the New York University Institute on Federal Taxation and the Out & Equal Workplace Summit.

Mr. Torain provides strategic and trusted counsel to multinational corporations in labor and employment disputes, helping clients address and resolve critical issues efficiently and effectively. Recognized among the leading lawyers of his generation in labor and employment law, he has extensive experience representing companies across a range of industries – including healthcare, technology, consumer products, automotive, and private equity – in traditional labor matters and employment litigation, trials, and arbitrations. Mr. Torain is adept at defending major organizations in unfair labor practice trials and proceedings before the National Labor Relations Board, audits, strikes, union election campaigns, collective bargaining negotiations, and strategic labor relations planning matters.
Description
On Jan. 28, 2025, the Trump administration issued the executive order "Protecting Children from Chemical and Surgical Mutilation" that targets GAC for individuals under the age of 19. The EO raises questions for healthcare providers and their counsel on how to comply with the EO while not violating federal and state antidiscrimination laws.
The EO provides directives to various executive agencies, including HHS, to restrict the availability of GAC services to minors. The HHS directives include: (1) leveraging Medicare and Medicaid participation to preclude GAC; (2) repealing HHS' current guidance on "HHS Notice and Guidance on Gender Affirming Care, Civil Rights and Patient Privacy" which provides protection under Section 1557 of the ACA and HIPAA, and revising agency rules that implement Section 1557 and government programs to comply with the EO; and (3) taking other regulatory and sub-regulatory action as described to ensure compliance with the administration's policy.
Counsel should understand the EO's requirements and the risks of both compliance and noncompliance for their healthcare clients. For example, complying with the EO may expose healthcare providers in certain jurisdictions to state law risks, including violations of state nondiscrimination laws and ethical guidelines that prohibit discrimination based on gender identity and sexual orientation in the delivery of care. On the other hand, providers are at risk of having federal funding withheld or being the targets of enforcement actions if they do not comply.
Listen as our expert panel provides an in-depth look at the EO targeting GAC for minors. The panel will examine the EO's requirements as well as the remaining questions created by the EO. The panel will discuss potential risks to healthcare providers for compliance and noncompliance. The panel will also offer best practices for helping clients navigate this evolving regulatory landscape.
Outline
- Introduction
- GAC regulatory overview to date
- The EO
- Purpose
- Prohibitions and directives
- Enforcement
- Timeline
- EO impact
- Federal agencies
- Research
- Interaction with federal and state laws
- Healthcare providers: legal and operational issues
- Others
- Risks of compliance and noncompliance
- Remaining questions
- Practitioner takeaways
Benefits
The panel will review these and other important considerations:
- What are the EO's directives to HHS? How will this affect agency rulemaking?
- What legal and operational issues may arise for healthcare providers as a result of the EO?
- What potential risks arise for healthcare providers if they comply with the EO? If they do not comply with the EO?
- What are best practices for guiding clients through the compliance challenges created by the EO?
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