The Department of Health and Human Services will no longer use notice-and-comment rulemaking procedures for matters relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. The change in agency practice is expected to grant Secretary Robert F. Kennedy Jr. more discretion and reduce administrative hurdles while setting department policy.
Agencies typically publish proposed rules or notices in the Federal Register, open a time-limited comment period, and review and assess those comments before publishing a final version. The rule change empowers HHS agencies and offices with the discretion to apply notice and comment procedures to these matters but does not require them to do so unless otherwise required by law.
OCR Rescinds Prior Administration Guidance on Civil Rights and Health Information Privacy for Transgender Youth
The Acting Director of HHS’ Office for Civil Rights rescinded the HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy. The guidance was issued in 2022 and outlined the application of federal civil rights and patient privacy laws to support transgender medical interventions. OCR Acting Director Anthony Archeval stated that the 2022 OCR Notice and Guidance no longer represents the views or policies of HHS OCR.
The rescission was made to align with Executive Order 14187, “Protecting Children from Chemical and Surgical Mutilation.” Acting Director Archeval stressed that HHS will not promote, assist, or support “the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit these destructive and life-altering procedures.” The rescission also aligns with Administration policy in Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Secretary of Agriculture Publishes Vision for the Department’s 16 Nutrition Programs
Secretary Rollins released her guiding principles, encouraging states to partner as innovative collaborators. She stressed the importance of minimizing fraud, waste, and abuse, establishing clear expectations that SNAP recipients capable of working, do, and promoting healthy choices and outcomes.
The Secretary affirmed her commitment to offering technical assistance and ongoing dialogue to state, tribal, territory, and local government partners. She pledged to work collaboratively to find bold and sustainable solutions that deliver effective programs to families.
U.S. Senate Committee on Aging Hosts a Hearing to Discuss the Opioid Epidemic
Chairman Scott (R-Fla.) and Ranking Member Gillibrand (D-NY) stressed the importance of urgent action to address the opioid crisis and increase access to preventative measures. The senators highlighted proposed legislation, including the Overcoming Prevalent Inadequacies in Overdose Information Data Sets Act and Supporting Families through Addiction Act of 2023. They also expressed gratitude for community-wide efforts led by law enforcement, community leaders, and governors.
Alongside representatives, witnesses spoke to the need for a holistic approach that includes prevention, treatment, and support for grandfamilies. They highlighted the importance of Medicaid and Medicare, interdisciplinary care teams with addiction specialist physicians, and non-opioid options for chronic pain relief. Additionally, witnesses advocated for robust data collection and stressed the importance of financial stability, especially as many older adults live on fixed incomes.
A Hearing with Sanctuary City Mayors
The House Oversight and Government Reform Committee held a hearing with the mayors of Boston, Chicago, Denver, and New York City. The hearing follows an investigation created by Committee Chairman James Comer (R-Ky.) to examine the policies of sanctuary jurisdictions and their impact on public safety and federal immigration enforcement.
While sanctuary cities do not have a single definition, they typically refer to a broad range of policies that limit cooperation with federal immigration enforcement actions. The mayors stressed that their city policies build trust between residents and police, in turn promoting safety and reducing crime. They highlighted the importance of investing in housing, nutrition, and healthcare and utilizing public safety resources wisely. The mayors additionally illustrated the legacy immigration has offered their cities and encouraged Congress to open additional pathways to immigration. However, several representatives expressed concern for public safety and maintained that the cities’ policies violate federal law by failing to cooperate with federal agents.
Federal Budgetary Updates
The Senate and House approved the Fiscal Year 2025 budget resolution along party lines. The Senate voted in favor 52 to 48 and the House, 217 to 216. The funding prioritizes border security, the military, and energy independence, but it does not address the expiring provisions of the 2017 Tax Cuts and Jobs Act (TCJA).
The 2017 Tax Cuts and Jobs Act temporarily expanded the child tax credit, increased the adjusted gross income limit for cash donations made to public charities from 50% to 60%, and offered an employer credit for paid family and medical leave. Several critical provisions are set to expire on Dec. 31, which would jeopardize key funding streams, workforce stability, and service delivery for nonprofits.
However, renewing the credits would require significant funding. Without the TCJA provisions, the House Budget is expected to increase the deficit by $4.8 trillion. Congress is expected to offset the costs through reductions to Medicaid and social services, including TANF, SNAP, and WIC.
As the House and Senate work to find agreement on a proposed budget, they are expected to pass an additional continuing resolution as the current resolution will expire federal funding on March 14.
President Trump Issues an Executive Order Surrounding Public Service Loan Forgiveness
On March 7, President Trump issued an executive order to prevent individuals employed by organizations with a substantial illegal purpose from becoming eligible for public service loan forgiveness. The order, Restoring Public Service Loan Forgiveness, tasks the secretaries of the Education Department and Treasury Department with ensuring that the definition of public service excludes organizations that support terrorism, violate immigration laws, and commit child abuse, including through providing gender-affirming care.
Sector Updates from the Judiciary
Ongoing Legal Challenges to the Trump Administration’s Executive Orders
Several executive orders issued by the Trump Administration have been granted preliminary injunctions. Previously, executive orders limiting access to gender-affirming care, pausing federal funding for nongovernmental organizations, and stopping the recognition of birthright citizenship were granted temporary restraining orders. Temporary restraining orders last up to fourteen days and are intended to provide short-term relief to prevent permanent injury, loss, or damage. Preliminary injunctions may remain in place for months or years while a lawsuit is pending. Most recently, preliminary injunctions were issued against executive orders freezing funding for refugee resettlement programs and federal financial assistance, allowing immigration raids in places of worship, stopping the recognition of birthright citizenship, and limiting access to gender-affirming care.
By granting preliminary injunctions, executive orders will not go into effect until a judge issues their ruling. However, preliminary injunctions can be appealed.
Trump Administration Prepares to Withdraw Emergency Abortion Lawsuit
The US, Idaho, and the state lawmakers agreed to dismiss a lawsuit over whether Idaho can prohibit health-care providers from performing abortions when necessary to treat an emergency medical condition.
The former secretary of the US Department of Health and Human Services sued Idaho in 2022 because of a provision that may have been interpreted as designating emergency abortion care illegal. Then-Secretary Xavier Becerra sued the state, arguing that the abortion law’s provision irreconcilably conflicted with hospitals’ obligations under the federal emergency care statute.
The lawsuit raised the question of whether states are allowed to prosecute doctors for performing abortions to stabilize emergency medical conditions, despite the Federal Emergency Medical Treatment and Active Labor Act’s directive that Medicare hospitals provide emergency services regardless of patients’ ability to pay.
The Trump administration’s decision to withdraw the lawsuit will allow emergency abortions to remain legal, although it does mark a departure from the Biden administration’s efforts to clarify that federal directives on emergency health care take precedence over state abortion bans.
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Social Current has published an executive order tracker to assist in navigating the executive orders issued by President Trump. The tracker briefly reviews key executive orders and memoranda signed by President Trump and actions his administration is directed to take.
U.S. Committee on Oversight Holds a Hearing on Welfare Programs
The U.S. Committee on Oversight and Government Reform held a hearing on Feb. 11 to discuss social safety net programs, including nutrition, housing, and health care assistance. Ranking Member Krishnamoorthi (D-Ill.) and Michael Linden, the senior policy fellow for the Washington Center for Equitable Growth, emphasized the programs’ substantial impact on improving families’ quality of life.
Robert Rector, the senior research fellow for the Heritage Foundation’s Center for Health and Welfare, warned of the potential of welfare programs to disincentivize marriage and encouraged strengthening work requirements. Patrice Onwuka, the director of the Independent Women’s Forum’s Center for Economic Opportunity, spoke about the cost of the programs and recommended reforming eligibility and participation.
Robert F. Kennedy Jr. Confirmed as the U.S. Secretary of Health and Human Services
Robert F. Kennedy Jr. was sworn in as head of the U.S. Department of Health and Human Services on Feb. 13 after the Senate voted in favor of his confirmation, largely along party lines, as 52 Republican senators voted in favor.
During the swearing-in ceremony, President Trump stressed Kennedy’s commitment to rebuilding trust in America’s public health system through transparency. President Trump also spoke of his Make America Healthy Again Commission, which will be chaired by Kennedy and investigate the rise of chronic illnesses among youth.
In addition to transparency, Kennedy emphasized returning “gold-standard science” to the National Institutes of Health, Food and Drug Administration, and the Centers for Disease Control and Prevention, and “ending the corruption, … getting rid of the people on those panels that have conflicts of interest.”
Brooke Rollins Confirmed as the U.S. Secretary of Agriculture
Brooke Rollins was sworn in as the U.S. Secretary of Agriculture on Feb. 13 after the Senate voted in favor of her confirmation, with 72 senators voting in favor. Following her confirmation, Rollins issued a statement expressing her firm commitment to American farmers, ranchers, and the agriculture community.
President Trump Signs Executive Order to Establish the Make America Healthy Again Commission
On Feb. 13, President Trump signed an executive order to establish the Make America Healthy Again Commission. The commission was created to address critical health challenges, including rising rates of mental health disorders, obesity, diabetes, and other chronic diseases. The order mandates increased research, transparency of findings, and flexibility for health insurance coverage to provide benefits supporting disease prevention. The commission’s focus will initially center on understanding and addressing the childhood chronic disease crisis.
President Trump Signs Executive Order to End COVID-19 Vaccine Mandates in Schools
On Feb. 15, President Trump signed an executive order that maintains discretionary Federal funds shouldn’t be directed toward any educational agency or school, including institutions of higher education, that requires COVID-19 vaccination for students to attend any in-person education program.
The order also directs the Secretary of Education to issue guidelines to educational agencies and schools regarding their legal obligations to parental authority, religious freedom, disability accommodations, and equal protection under the law and their impact on coercive COVID-19 school mandates.
U.S. Department of Education Releases a Dear Colleague Letter Directing Schools to End Racial Preferences
The U.S. Department of Education issued a Dear Colleague Letter on Feb. 15 to notify educational institutions receiving federal funds that they must stop using race preferences and stereotypes as a factor for, but not limited to:
- Admissions
- Hiring, promotion, and compensation
- Scholarships and prizes
- Administrative support
- Sanctions and discipline
The letter stated that institutions that fail to comply risk being investigated and losing federal funding. The Department of Education will begin assessing compliance with the directive no later than March 1.
Sector Updates from the Judiciary
Executive Order Restricting Access to Gender Affirming Care Temporarily Blocked
Two federal courts, the U.S. District Court for the District of Maryland and the U.S. District Court for the Western District of Washington, temporarily blocked an executive order restricting gender affirming care for transgender individuals younger than age 19. The temporary restraining order was issued on Feb. 13 and will remain in place nationally until the 27 unless extended. While the orders are in place, medical institutions cannot have federal funding revoked.
DEI Executive Orders Temporarily Blocked
The U.S. District Court for the District of Maryland issued a partial, nationwide preliminary injunction for two executive orders: “Ending Radical Government DEI Programs and Preferencing,” and “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The court determined that the order is too vague to be enforced as they fail to define key terms, including “DEI” and “equity-related.”
The court ruled that the Trump administration is not allowed to terminate “equity-related” grants or contracts. The language of the executive orders is too vague for recipients of government grants to know how to bring their grants into compliance. Without clear reasoning or guidelines, the termination of grants may be arbitrary and discriminatory.
The administration also cannot require federal contractors and grant recipients to certify that they do not engage in any “equity-related” programs.
U.S. Appeals Court Continues to Pause SAVE Program for Student Loans
The Eight Circuit Court of Appeals returned a lawsuit challenging the constitutionality of the Saving on a Valuable Education (SAVE) Plan to the district court. Payments will remain frozen as litigation continues.
The SAVE Program allows borrowers to enroll in income-driven repayment plans that lower their monthly federal student loan bills. The rule also cancels loans after 10 years of payments for those who borrowed $12,000 or less, increasing by 1 year for every additional $1,000 of the borrower’s original balance. Approximately 7.5 million borrowers have enrolled in the SAVE program.
The lawsuit was brought by a coalition of several Republican states: Missouri, Arkansas, Florida, Georgia, North Dakota, Ohio, and Oklahoma. The states maintained that the U.S. Department of Education and former President Joe Biden lacked the authority to pursue a student debt relief program designed to lower monthly payments and accelerate loan forgiveness.
The Eight Circuit Court of Appeals agreed that the U.S. Department of Education exceeded its authority. They maintained the Higher Education Act provision that allows for income-based loan repayment plans to adopt debt forgiveness cannot be transferred to the scale provided by President Biden’s SAVE Plan. The court asserted that the text of the Higher Education Act does not align with the SAVE Plan and Congress’ explicit terms for creating repayment plans.
Subscribe to the Policy and Advocacy Radar to receive our biweekly policy roundup, which includes commentary on issues in Social Current’s federal policy agenda, opportunities to take action, and curated news and opportunities.
Social Current is hosting a free webinar Wednesday, Feb. 19 from 1-2 pm ET. It is the second in our Advocacy in Action series, which digs into our federal policy agenda.
This webinar will discuss critical workforce and insurance challenges affecting the human services sector. It will offer tailored strategies to advocate for workforce and insurance solutions, including through data-driven approaches and storytelling.
The session is designed to empower organizations with the knowledge and resources needed to create actionable advocacy plans and outline opportunities to join Social Current’s advocacy efforts. Register here.
Senate Committee on Aging Holds a Hearing on Inflation Challenges Facing Older Adults
U.S. Senate Committee on Aging recently held a hearing to discuss the challenges inflation presents to older adults. Witnesses and senators highlighted reduced purchasing power and increased financial instability due to paying rising grocery, housing, medical, and transportation costs while often relying fixed incomes.
Witnesses recommended reducing government spending, increasing deregulation, and strengthening incentives to work to ease inflationary pressures and lower interest rates. They also encouraged addressing corporate price gouging, improving Social Security’s annual cost-of-living adjustments, and reducing the price of prescription drugs by expanding Medicare’s power to negotiate.
House Education and Workforce Committee Holds a Hearing on the State of American Education
The House Education and Workforce Committee recently held a hearing to consider the challenges students continue to face following the COVID-19 pandemic. Chairman Tim Walberg (R-Mich.) and Ranking Member Robert C. Scott (D-Va.) referenced the most recent National Assessment of Educational Progress Report to underscore ongoing declines in math and reading scores.
Representatives and witnesses discussed widening achievement gaps. Janai Nelson, president and director-counsel of the Legal Defense Fund, highlighted the Department of Education’s role in safeguarding students’ right to equal educational opportunities. She underscored the importance of desegregation to close achievement gaps and more equitably distributing resources. Nicole Neily, president of Parents Defending Education, further stressed the importance of transparency of curriculum and partnerships with families.
Representatives and witnesses also discussed challenges in higher education, including excessive costs, low completion rates, uneven financial value for students, and high rates of student loan nonpayment. Preston Cooper, senior fellow for the American Enterprise Institute, recommended caps on federal loans and increased accountability among taxpayer-funded colleges for their outcomes.
Johnny C. Taylor Jr., president and CEO of SHRM, stressed the importance of a strong connection between the business and education communities to prepare workers for the future of work. He recommended partnerships and open communication among employers, educational institutions, and government agencies.
Executive Orders Signed by President Trump
- Withdrawing the U.S. from the World Health Organization: On Jan. 20, President Trump signed an executive order to withdraw the U.S. from the World Health Organization. The order cited the organization’s mishandling of the COVID-19 pandemic, its failure to adopt urgently needed reforms, and its inability to demonstrate independence from the inappropriate political influence of WHO member states. It also included the sizable payment the U.S. is expected to contribute compared to China.
- Protecting Civil Rights and Merit Based Opportunity: On Jan. 22, President Trump signed an order to terminate diversity, equity, and inclusion preferencing in the federal workforce, contracting, and spending.
- Cost of Living Crisis: On Jan. 22, President Trump signed an order to deliver emergency price relief for U.S. families, including by drastically lowering the cost of housing and expanding the housing supply. The president additionally ordered the elimination of unnecessary administrative expenses and rent-seeking practices that raise health care costs. The order further included expanding work opportunities and eliminating climate policies that increase the costs of food and fuel.
- Enforcing the Hyde Amendment: On Jan. 24, President Trump signed an executive order reinforcing the Hyde Amendment, which prevents federal funding from being directed toward elective abortions. It also revoked two executive orders signed by President Biden, Executive Order 14076 and 14079, which were written to protect and promote access to reproductive health care, including abortion.
- Gender Affirming Care: On Jan. 28, President Trump signed an executive order condemning gender affirming care. The order directs the secretary of the Health and Human Services Department to publish a review of existing literature. It also requires the head of each executive department or agency to ensure that institutions receiving federal research or education grants immediately take appropriate steps to end gender-affirming care. Additionally, TRICARE, Federal Employee Health Benefits, and Postal Service Health Benefits programs will exclude gender-affirming care for minors.
- Ending Indoctrination in Schools: On Jan. 29, President Trump directed the secretaries of Education, Defense, and Health and Human Services, in consultation with the attorney general, to present a strategy to eliminate federal funding supporting discriminatory or indoctrinatory practices in K-12 schools, particularly around gender and equity ideologies. The strategy will include steps to protect parental rights, rescind federal funds used to support such practices, and outline enforcement mechanisms for violations. The attorney general will also coordinate with state and local authorities to ensure legal actions are taken against any unlawful activities by school officials.
- School Choice: On Jan. 29, President Trump directed the secretary of Education to issue guidance allowing states to use federal formula funds to support K-12 educational choice initiatives. The order also directs the secretaries of Labor and Education to review discretionary grant programs, including the Child Care and Development Block Grant and Bureau of Indian Education.
- Reviewing Federal Funding to Nongovernmental Organizations: President Trump directed the heads of executive departments and agencies to review all funding that agencies provide to nongovernmental organizations. Future funding decisions are to align with the United States and the goals of the Trump Administration.
Executive Orders Repealed by President Trump
- Strengthening Medicaid and the Affordable Care Act: The executive order was signed by President Biden to increase the affordability and accessibility of high-quality health care.
- Establishment of the White House Office of Faith-Based and Neighborhood Partnerships: The executive order was signed by President Biden to empower faith-based and secular organizations to assist in the delivery of vital services in neighborhoods.
- Lowering Prescription Drug Costs for Americans: The executive order was signed by President Biden to identify pathways to lower drug costs and promote access to innovative drug therapies for beneficiaries enrolled in the Medicare and Medicaid programs. It directed the secretary of Health and Human Services to consider health care payment and delivery models that may lead to lower cost-sharing for commonly used drugs and support value-based payment that promotes high-quality care.
Sector Updates from the Judiciary
Federal Judge Stops Federal Funding Freeze
The U.S. District Court for the District of Columbia recently issued a temporary restraining order to halt a memorandum issued by the Office of Management and Budget. The court’s ruling stopped the memo, which announced a temporary pause on federal funding, from going into effect.
The memorandum ordered all federal agencies to pause issuing of new awards, disbursing federal funds under all open awards, and other relevant agency actions that may violate executive orders recently signed by President Trump. The delay in funding holds the capacity to severely harm communities by preventing states and organizations from providing critical services, including funding programs that increase access to housing, support child abuse prevention, and promote community health.
Judge AliKhan stressed Congress’ right to appropriate federal funds and the unconstitutionality of interfering with their distribution. The U.S. District Court’s order follows a temporary restraining order issued by a federal district judge for the U.S. District Court of Rhode Island. Chief Judge John J. McConnell Jr. also granted a temporary restraining order to stop President Trump administration’s funding freeze following a suit brought by a coalition of 22 states and D.C.
Maryland Supreme Court Upholds State Law Removing the Statute of Limitations for Survivors of Child Sexual Abuse
The Maryland Supreme Court affirmed the constitutionality of the state’s Child Victims Act of 2023, which retroactively eliminated the statute of limitations for survivors of child sexual abuse. Individuals are now permitted to bring civil lawsuits against private entities, including state government agencies, regardless of the date of the incident.
Maryland’s Child Victims Act of 2023 additionally capped liability for public entities at $890,000 per occurrence. It raised the liability limit in claims against private institutions for non-economic damages, such as pain and suffering, to $1.5 million. It eliminated caps for economic damages for costs of services, such as therapy and medical treatment.
Subscribe to the Policy and Advocacy Radar to receive our biweekly policy roundup, which includes commentary on issues in Social Current’s federal policy agenda, opportunities to take action, and curated news and opportunities.
Social Current has released its 2025-27 Federal Public Policy Agenda, outlining key priorities and a bold vision for the 119th Congress.
This agenda is the culmination of months of research and development, incorporating the priorities of the Social Current network that were gathered through focus groups, surveys, and one-on-one conversations.
Rooted in the belief that strengthening the social sector strengthens communities, the agenda focuses on critical areas vital to the sector’s ability to deliver essential services, including:
- Workforce Stability and Sustainability
- Financial Health and Sustainability
- Insurance Affordability and Accessibility
- Health and Well-Being
View and download the full agenda online to learn more.
Exploring Benefits and Concerns of Permanent Tax Cuts for Working Families
On Jan. 14, the U.S. House Committee on Ways and Means convened a hearing to discuss making the tax cuts enacted during President Donald Trump’s previous administration permanent. Several witnesses, including small business owners as well as a parent, spoke of the positive effects of the Tax Cuts and Jobs Act. They emphasized economic growth and investment, particularly in light of the doubled standard deduction and the expanded child tax credit.
Several representatives, however, raised concerns about the increasing national debt, noting that tax reductions disproportionately benefited corporations and wealthy business owners. Brendan Duke, senior director for economic policy at the Center for American Progress, echoed representatives’ concerns through his testimony. He cautioned that any current or future spending cuts intended to offset the cost of tax reductions could make food, health care, and housing increasingly unaffordable for lower- and middle-class Americans.
ACF Calls for Stronger Response to Missing Children in Foster Care
To help communities enhance their response to children missing from foster care, the Administration for Children and Families (ACF) hosted a series of listening sessions in 2024, bringing together service providers, child welfare professionals, and law enforcement agencies.
Feedback revealed inconsistencies in the definition of the word “missing” and confusion over reporting responsibilities, which often result in delays in responding during critical periods for a youth’s safety and wellbeing. Participants recommended a coordinated, interagency response, including improved communication, clearer reporting protocols, and stronger cross-sector collaboration, to lead timely and effective interventions.
Additional recommendations included expanding training and resources for child welfare professionals, law enforcement, and service providers. Participants also emphasized the need for a focus on human trafficking, culturally competent care, and addressing the unique needs of Native youth.
SAMHSA Releases Updated National Behavioral Health Crisis Care Guidance
The Substance Abuse and Mental Health Services Administration (SAMHSA) has released the National Behavioral Health Crisis Care Guidance, including three documents:
- 2025 National Guidelines for a Behavioral Health Coordinated System of Crisis Care
- Model Definitions for Behavioral Health Emergency, Crisis, and Crisis-Related Services
- A draft Mobile Crisis Team Services: An Implementation Toolkit
The updated national guidance was created to help state, territory, tribal, and local governments, along with key stakeholders, understand, implement, and sustain effective behavioral health crisis services. It is based on three foundational elements crucial to an integrated crisis care system, with the ultimate goal that everyone should have access to:
- Someone to Contact: Services like the 988 Lifeline and other behavioral health hotlines provide immediate, accessible support.
- Someone to Respond: Mobile crisis teams deliver rapid, on-site interventions to de-escalate crises and link individuals to the care they need.
- A Safe Place for Help: Stabilization services offer a safe environment where individuals can receive care, crisis resolution assistance, and connections to appropriate resources for ongoing support.
The guidance highlights the importance of follow-up services, care coordination, key service intersections, and the development of crisis systems, reflecting the evolving national crisis landscape following the transition to the 988 Lifeline.
New Report Highlights Progress and Challenges in Mental Health Parity and Addiction Equity
The U.S. Departments of Labor, Health and Human Services, and the Treasury released their 2024 report to congress on the enforcement and implementation of the Mental Health Parity and Addiction Equity Act (MHPAEA). The report details the progress made by group health plans and health insurance issuers in meeting compliance standards, while also identifying areas for improvement to ensure parity with medical and surgical benefits. It also outlines ongoing federal efforts to strengthen MHPAEA protections, reduce barriers for beneficiaries, and increase awareness of the Act’s protections.
Sector Updates from the Judiciary
Supreme Court to Review Student Loan Forgiveness for Fraudulent Practices by Schools
The U.S. Supreme Court will review the process for loan discharges in cases where students were misled or deceived by their schools. The regulations introduced by the Biden Administration aimed to simplify the loan discharge process for borrowers who could prove their school misled them, breached a contract, or engaged in aggressive recruitment tactics. The rules also expanded options for students to have their loans forgiven if their school closed.
The Supreme Court accepted the case after the U.S. Court of Appeals for the Fifth Circuit overturned the new procedures, ruling that the Department of Education lacked authority to directly forgive loans for students misled or defrauded. Instead, the court ruled that students must first default on their loans first and then raise fraud as a defense during debt-collection proceedings in court.
Federal Court Strikes Down Expansion of Title IX Rule
The U.S. District Court for the Eastern District of Kentucky struck down a federal rule implemented by the Biden Administration that aimed to ban discrimination based on sexual orientation and gender identity in federally funded schools. The rule sought to expand the protections under Title IX, but the court ruled Title IX’s prohibition of discrimination ‘on the basis of sex’ applies solely to an individual’s male or female sex.
Subscribe to the Policy and Advocacy Radar to receive our biweekly policy roundup, which includes commentary on issues in Social Current’s federal policy agenda, opportunities to take action, and curated news and opportunities.
The Stop Institutional Child Abuse Act, introduced by Sens. Jeff Merkley (D-Ore.), John Cornyn (R-Texas), and Tommy Tuberville (R-Ala.), was created to study and prevent child abuse in youth residential programs. It was signed into law December 2024.
Key Provisions
The Stop Institutional Child Abuse Act requires the Secretary of the Department of Health and Human Services to contract with the National Academies of Sciences, Engineering, and Medicine to conduct a study examining youth residential programs. The findings will be published in a public report every two years for a period of 10 years. The study and recommendations should involve consultations with child advocates, health professionals, state and federal agencies, subject matter experts, and individuals with lived experience.
The report must include the following information:
- The nature, prevalence, severity, and scope of child abuse, neglect, and deaths in youth residential programs
- All federal and state funding sources for youth residential programs
- Existing regulation of youth residential programs
- Existing standards of care of national accreditation entities that provide accreditation or certification of youth residential programs
- Risk assessment tools
Additionally, the report must include recommendations to support the development and implementation of education and training resources for professional and paraprofessional personnel in several fields, including health care, law enforcement, judiciary, social work, child protection, education, and child care. The recommendations should center lived experience, interagency communication, evidence-based practices, and the legal rights of children in youth residential programs.
The report will also include recommendations for community-based alternatives to youth residential programs that are more accessible and follow evidence-based standards to support individuals’ health and safety, including by supporting continuity of education and providing mentorship.
Expected Impact on Human Service Sector
The Stop Institutional Child Abuse Act is expected to provide greater oversight and data transparency for institutional youth treatment programs. It affirms a longstanding commitment to rigorous evidence-based standards and children’s safety and well-being.
Join Social Current’s grassroots advocacy network to be alerted about new advocacy opportunities and tools and resources, and subscribe to the Policy and Advocacy Radar to receive our biweekly policy newsletter.
Learn more about Social Current’s government affairs and advocacy work online.
Social Current has released its 2025-27 Federal Public Policy Agenda, outlining key priorities and a bold vision for the 119th Congress. Social Current is dedicated to building a more equitable society where all people can thrive, and this public policy agenda reaffirms our commitment to harnessing the power of the social sector as a catalyst for change.
“In the face of an unpredictable political landscape, Social Current remains committed to challenging the status quo and addressing ongoing inequities,” said Social Current President and CEO Jody Levison-Johnson. “We understand that meaningful progress requires collective action, and we are determined to work with our network of organizations, their communities, and all of our partners to drive forward essential public policy changes.”
The 2025-27 Federal Public Policy Agenda is the culmination of months of research and development, incorporating the priorities of the Social Current network gathered through focus groups, surveys, and one-on-one conversations. It reflects the diverse perspectives of our network organizations, the challenges they face, and the future they aspire to create.
This agenda translates our vision and values into concrete, actionable priorities that address systemic challenges, foster resilience, and empower organizations to increase their impact. Rooted in the belief that strengthening the social sector strengthens communities, the agenda focuses on critical areas vital to the sector’s ability to deliver essential services, including:
- Workforce Stability and Sustainability
- Financial Health and Sustainability
- Insurance Affordability and Accessibility
- Health and Well-Being
Access the full agenda online to learn more about our priority actions in each area.
To help human and social services professionals learn about pressing issues, build advocacy skills, and take collective action, Social Current will be hosting a free four-part Advocacy in Action webinar series. Register now to participate in the sessions:
- Social Current’s Federal Policy Agenda Jan. 22
- Strategies for Workforce Sustainability and Insurance Accessibility Feb. 19
- Financial Health and Equity-Focused Advocacy March 27
- Behavioral Health Integration and Systems Change April 22
“The 2025-27 Federal Policy Agenda is not only a roadmap for addressing the challenges facing our sector, but also a call to action to come together and advocate for the critical issues that will help us build a stronger, more equitable society,” said Blair Abelle-Kiser, senior director of government affairs. “I encourage everyone to join us for our upcoming Advocacy in Action webinar series, where we’ll dive deeper into how we can collectively advance these priorities.”
Join Social Current’s grassroots advocacy network to be alerted about new advocacy opportunities and tools and resources, and subscribe to the Policy and Advocacy Radar to receive our biweekly policy newsletter.
Learn more about Social Current’s government affairs and advocacy work online.
Martin Luther King Jr. Day, Jan. 20, 2025, is an annual observance to honor the life and legacy of the prominent civil rights leader. There are a variety of ways to recognize the holiday, including personal reflection, education, service projects, and advocacy.
“At Social Current, we say that equity is a journey, which always reminds me of the Martin Luther King Jr. quote, ‘If you can’t fly then run, if you can’t run then walk, if you can’t walk then crawl, but whatever you do, you have to keep moving forward,’” says Romero Davis, senior director of practice excellence at Social Current. “It’s a reminder of the principles of equity, justice, and the ongoing pursuit of a better, more inclusive society that Martin Luther King Jr. advocated for throughout his life.”
The King Center has given this year the theme, Mission Possible: Protecting Freedom, Justice, and Democracy in the Spirit of Nonviolence365. The center notes, “While apathy and despair tempt us, we must choose love-centered action and hope. We invite citizens of the world to rise with us … to co-labor with us in strategically addressing the inequities and ideologies that threaten our existence.”
Advancing Justice and Equity Through Federal Public Policy
Social Current is committed to advancing positive social change through public policy advocacy, learning opportunities, and full range of solutions. Our 2025-2027 Federal Public Policy agenda, which will be released Jan. 21, channels our vision and values into specific, actionable priorities that address systemic challenges, build resilience, and create opportunities for organizations to create positive impact.
We invite all human and social services professionals to join us in advancing key policies. Throughout 2025 and beyond, we will be sharing tools, resources, and training to help you and your organizations build your advocacy muscles. Join us for our free four-part advocacy webinar series to learn about key issues and how you can take action:
- Social Current’s Federal Policy Agenda: Jan. 22 from 1-2 p.m. ET
- Strategies for Workforce Sustainability and Insurance Accessibility: Feb. 19 from 1-2 p.m. ET
- Financial Health and Equity-Focused Advocacy: March 27 from 1-2 p.m. ET
- Behavioral Health Integration and Systems Change: April 22 from 1-2 p.m. ET
Register online to participate.
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“This federal public policy agenda is our roadmap for turning shared aspirations into action and ensuring that social sector organizations and leaders have the tools, resources, and support needed to thrive,” said Blair Abelle-Kiser, senior director of government affairs at Social Current. “It is a bold expression of our mission, vision, and values, designed to strengthen the sector and help create a society where all people can reach their full potential.”
Advancing EDI Strategies for Teams and Organizations
In addition to advancing public policies to create a more just and equitable society, it is important to advance parallel equity, diversity, and inclusion (EDI) goals within teams and organizations. Social Current is offering a four-part virtual learning series, starting March 26, that will delve into strategies for supporting workforce resilience.
The four-part series is rooted in EDI best practices for supervisors and leaders. Participants will learn how to help their diverse teams manage uncertainty and interpersonal conflict so they can create a healthy and resilient culture. Sessions in the series cover how to have crucial conversation, encourage psychological safety, and foster belonging.
The King Center affirms that its vision of the Beloved Community, “is not a lofty, unattainable utopia but an inclusive, achievable society, in which problems and conflict can exist, but are resolved peaceably.”
Learn more about Social Current’s work to support organizations in creating healthy and equitable society through its core Impact Areas.
On Jan. 1, 2025, a new out-of-pocket cap on drug costs went into effect for Medicare Part D patients. The new cap is set at $2,000 per year for all prescriptions covered by Part D plans.
The change was scheduled as part of the Inflation Reductions Act (IRA), which takes several steps to make health care more affordable and accessible.
In addition to caps on drug costs, the IRA introduced other critical changes:
- Insulin Costs: The cost of insulin is now capped at $35 per month for covered insulin products
- Zero-Cost Vaccines: Medicare Part D patients can access recommended vaccines (like flu, shingles, COVID-19 and RSV) for free.
- Pharmaceutical Negotiation: The law also allows Medicare to negotiate directly with drug companies each year to lower the prices of many of the most expensive and most commonly used prescription drugs
More information about the IRA changes can be found from the Centers of Medicaid and Medicare services.
The Children’s Bureau Releases Program Instructions
New guidance includes:
- ACF-ACYF-CB-PI-24-10: State Requirements for Electing Title IV-E Prevention and Family Services and Programs: The program instruction informs state Title IV-E agencies of the Title IV-E prevention program requirements and flexibility agencies may provide to tribes with whom they have agreements.
- ACYF-CB-PI-24-11: Tribal Title IV-E Agency Requirements for Electing Title IV-E Prevention and Family Services and Programs: The program instruction informs tribal Title IV-E agencies administering or supervising the administration of Title IV-E prevention program requirements. It additionally exempts tribal Title IV-E agencies from the evaluation waiver and continuous quality improvement requirements, extending flexibilities Title IV-E agencies offer.
ACF Publishes Additions to the Child Welfare Policy Manual
On Dec. 20, 2024, the Administration for Children and Families published two additions to the Child Welfare Policy Manual regarding access to services provided under Title IV-B of the Social Security Act and the Child Abuse Prevention and Treatment Act according to immigration status.
The additions can be found in:
- Question 3, 1 CAPTA, Assurances and Requirements: May a state agency deny access to services provided under CAPTA based solely on the immigration status of the child, parent, or family members?
- Question 3, 1 TITLE IV-B, Citizenship/Alienage Requirements: May a Title IV-B agency deny access to services provided under Title IV-B based solely on the immigration status of the child, parent, or family members?
President Biden Signs Key Legislation
- H.R. 9076, Supporting America’s Children and Families Act: Introduced by Rep. Darin LaHood (R-Ill.), the bill reauthorizes, entirely for the first time in over 15 years, child welfare programs under Title IV-B of the Social Security Act that provide federal resources to states, tribes, and territories for family preservation and to promote the safety, permanence, and well-being of children in foster care.
- H.R. 663, Native American Child Protection Act (NACPA): Introduced by U.S. Sens. Ben Ray Luján (D-N.M.) and Susan Collins (R-Maine), NACPA reauthorizes and reforms key programs related to the prevention, investigation, treatment, and prosecution of family violence, child abuse, and child neglect involving Indian children and families.
- S. 1351, Stop Institutional Child Abuse Act: Introduced by Sen. Jeff Merkley (D-Ore.), the bill requires the National Academies of Sciences, Engineering, and Medicine to study and issue recommendations to improve coordination and the implementation of best practices regarding the health, safety, care, and treatment of youth in youth residential programs.
- S. 1147, Jenna Quinn Law: Introduced by Sen. John Cornyn (R-Texas), the bill allows the Department of Health and Human Services (HHS) to provide grants for evidence-informed child sexual abuse awareness and prevention programs, which may be awarded for up to five years.
- H.R. 7213, Autism Collaboration, Accountability, Research, Education, and Support (CARES) Act of 2024: Introduced by Rep. Chris Smith (R-N.J.), the bill reauthorizes several programs that support autism education, research, and resources.
- H.R. 670, Think Differently Database Act: Introduced by Rep. Marcus Molinaro (R-N.Y.), the bill requires HHS to establish a website that provides information on resources available to individuals with a disability and their caregivers and families that is searchable by ZIP Code.
- H.R. 5536, Grant Transparency Act of 2023: Introduced by Rep. Russell Fry (R-S.C.), the bill establishes transparency requirements for notices of funding opportunity in applications for competitive grants awarded by federal agencies, excluding the Government Accountability Office.
- H.R. 1432, VSO Equal Tax Treatment Act: Introduced by Rep. Brad Wenstrup (R-Ohio), the bill expands the deductibility of charitable contributions to all federally chartered tax-exempt organizations serving current and former Armed Forces members.
- S. 2513, Veterans Benefits Improvement Act of 2024: Introduced by Sen. Jon Tester (D-Mont.), the bill addresses specific requirements for medical disability benefit claims processes and personnel.
- S. 141, the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act: Introduced by Sen. Jerry Moran (R-Kan.), the bill amends various Department of Veterans Affairs authorities related to health care, economic opportunity, disability and memorial affairs, veteran homelessness, and oversight and investigations.
Sector Updates from the Judiciary
Supreme Court Agrees to Hear a Lawsuit Surrounding Medicaid Patients’ Right to Provider Choice
The U.S. Supreme Court has agreed to hear a lawsuit to determine whether Medicaid beneficiaries can sue South Carolina for its decision to defund Planned Parenthood. Although Medicaid generally doesn’t cover abortion costs, Medicare patients were previously able to visit clinics that offered abortion care for other medical services, including screenings for cancer, high blood pressure, and cholesterol.
The lawsuit was brought by a patient with Medicaid who was diagnosed with diabetes and went to Planned Parenthood for birth control but wished to return to receive other care in the future. However, the patient was prevented from doing so due to a 2018 executive order issued by South Carolina Gov. Henry McMaster that ordered the state’s Department of Health and Human Services to stop abortion clinics from participating in the Medicaid program.
The lawsuit argued that McMaster’s order violated a provision of the Medicaid Act that allows Medicaid patients to seek health care from any “qualified” provider. McMaster maintained that the “payment of taxpayer funds to abortion clinics, for any purpose, results in the subsidy of abortion and the denial of the right to life.”
The initial ruling was issued in favor of Planned Parenthood, as the Fourth Circuit Court of Appeals determined that the case raises the larger question of whether Congress, through the Medicaid Act, grants individuals with Medicaid coverage the right to choose their health care provider freely.
The Supreme Court will now hear the lawsuit. If the Supreme Court rules against Planned Parenthood and their Medicaid funding is revoked, similar family planning clinics that provide abortion care among other medical services will also lose federal funding. The closure of family planning clinics is expected to significantly reduce Medicaid patients’ access to and choice of affordable, quality family-planning care.
Supreme Court Agrees to Hear a Lawsuit Surrounding Religious Exemptions for Unemployment Systems
The Supreme Court agreed to hear a lawsuit filed by the Wisconsin chapter of Catholic Charities after the organization was disqualified from Wisconsin’s religious exemption.
Wisconsin’s unemployment tax system reserves religious exemption for organizations “operated primarily for religious purposes.” The Wisconsin Supreme Court maintained Catholic Charities did not meet that requirement because it serves and employs individuals outside of the Catholic faith and provides services that secular organizations could offer.
The Supreme Court decision is expected to broadly impact state unemployment systems, as 47 states have similar laws. It will also likely shape how organizations are determined to have a religious purpose, potentially affecting First Amendment religious protections.
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Congressional Budget Office Discusses Extending Premium Tax Credits for Individuals Without Insurance
The Congressional Budget Office recently wrote a letter to Congress about the effects of extending the expanded premium tax credit structure provided in the American Rescue Plan Act of 2021 (ARPA).
The expanded credits lowered the amount individuals needed to pay for insurance, including for those with incomes above 400% of the federal poverty level. They significantly increased access to health care; however, the provisions will expire at the end of the 2025 calendar year.
Congressional Budget Office (CBO) Director Phillip Swagel warned of the significant harm associated with failing to extend the credits. CBO estimates that it would leave a staggering number of individuals unable to afford insurance:
- 2.2 million individuals in 2026
- 3.7 million individuals in 2027
- 3.8 million each year from 2026 to 2034
The CBO also predicts that ending the credits could lead to healthier individuals, without the incentive, to leave the marketplaces. This would lead to higher premiums for the remaining enrollees. Premiums could rise by 4.3% in 2026, by 7.7% in 2027, and by about 7.9% annually through 2034.
New Rule Requires State Title IV-E Agencies to Collect and Report ICWA Data
The Administration for Children and Families (ACF) has released a final rule amending the AFCARS regulations, mandating that state Title IV-E agencies collect and report key data elements related to the procedural requirements of the Indian Child Welfare Act (ICWA) of 1978. This rule aims to enhance transparency and accountability in child welfare practices affecting Native American children and families.
State Title IV-E agencies will now be required to gather and report the following information:
- Inquiry into ICWA Status: Whether the state asked certain individuals if the child qualifies as an Indian child under ICWA and when the agency first identified the child as potentially meeting this definition.
- ICWA Notice: Whether the child’s parent or Indian custodian was notified as required under ICWA.
- Court Determination of ICWA Applicability: Whether and when a court ruled that ICWA applies to the child’s case.
- Tribal Court Transfer Requests: Information on requests to transfer cases to Tribal court, including whether such requests were denied and the reasons for denial.
- Parental Rights Termination and Child Removals: Data on voluntary and involuntary terminations of parental rights and removals under ICWA.
- ICWA Placement Preferences: Information on whether the agency met the placement preferences specified by ICWA.
- Efforts to Prevent Family Separation: Whether the state Title IV-E agency made active efforts to prevent the separation of the Indian family.
State Title IV-E agencies will have three federal fiscal years to comply with the new requirements while continuing to report data already mandated by current regulations.
This updated rule highlights the importance of ICWA in protecting the welfare and cultural heritage of Native American children and families, ensuring that child welfare practices align with federal requirements.
Updates from the Judiciary
Supreme Court Considers Constitutionality of Ban on Gender-affirming Medical Treatments for Transgender Adolescents
The U.S. Supreme Court heard oral arguments in early December to determine the constitutionality of a Tennessee law banning puberty blockers, hormone therapy, and surgery for those under the age of 18. The law also criminalizes doctors and providers who seek to support transgender youth seeking gender-affirming affirming care. This ruling is expected to significantly shape transgender youth’s access to gender-affirming care, as 26 states have enacted similar laws or policies.
The Biden administration and three transgender youths and their families challenged the Tennessee law, contending it violates the Constitution’s equal protection clause. They highlighted the discrepancy in prohibiting the use of treatments for gender dysphoria, while retaining their legal use for other purposes, including congenital disorders or physical injuries.
However, Tennessee Solicitor General J. Matthew Rice argued that certain gender-affirming treatments may pose health risks and that gender exploration is sometimes temporary.
Conservative justices appeared to favor Tennessee’s position, with Chief Justice John Roberts asserting that the medical decisions should be determined by the people’s elected representatives, such as state legislatures rather than the judiciary. In contrast, liberal justices expressed concern over granting state legislatures significant authority to regulate medical decisions.
The Supreme Court is not expected to release its decision for several months, although its verdict will likely have significant implications for gender-affirming care for minors, as nearly 40% of transgender youth ages 13 to 17 currently live in states with restrictions.
Idaho Law Restricting Minors’ Ability to Access Out-of-State Abortions Partially Upheld
A federal appeals court will allow an Idaho law that will impose criminal penalties on those who help a minor obtain an out-of-state abortion without parental consent. Often referred to as an abortion trafficking ban, the first-of-its-kind law is intended to prevent minors from seeking abortions in neighboring states where the procedure is legal.
Idaho only allows abortions in medical emergencies and cases of rape or incest that are reported to police. While this is one of the strictest abortion bans in the country, neighboring states, Oregon, Washington, and Montana, have significantly fewer restrictions.
Adults who help a minor access a medical or surgical abortion by “recruiting, harboring, or transporting” them without parent or guardian’s permission are subject to a felony charge, punishable by two to five years in prison. The appellate panel permitted Idaho to enforce the law’s criminalization of “harboring or transporting” a minor, but the court maintained the state cannot prosecute individuals who simply provide information about where to obtain an abortion, or who provide other types of financial or logistical assistance to receive an abortion in a state that has legalized abortions.
The federal appeals court determined encouragement, counseling, and emotional support; education about available medical services and reproductive health care; and public advocacy promoting abortion care and abortion access were protected speech. Advocates agree and maintain it is a critical protection to ensure minors receive accurate information in Idaho, a state with severely restricted access to abortions.
Court Decision Raises the Bar for 501(c)(4) Nonprofits but Advocacy Remains Strong
A recent Fifth Circuit Court of Appeals ruling has introduced stricter standards for 501(c)(4) organizations seeking tax-exempt status. In the case, Memorial Hermann Accountable Care Organization v. Commissioner, the court applied a “substantial nonexempt purpose test,” which disqualifies organizations if any significant nonexempt activities exist. This replaces the more lenient “primary purpose test” previously used by the IRS.
This decision, which was influenced by the Supreme Court’s Loper Bright Enterprises v. Raimondo ruling, underscores the increasing need for nonprofits to demonstrate that their activities benefit the public good. However, this does not signal a need for organizations to scale back lobbying or advocacy efforts. Under the Internal Revenue Code, 501(c)(4) organizations can engage in unlimited lobbying and advocacy if political campaign activity remains a secondary purpose, far below 50% of total spending.
While the ruling directly impacts 501(c)(4) nonprofits, it has broader implications for 501(c)(3) organizations. Increased scrutiny of tax-exempt organizations may lead to more rigorous oversight of 501(c)(3) activities, especially those related to related to advocacy and lobbying. Although 501(c)(3) organizations face stricter lobbying limits than 501(c)(4)s, they must carefully document their compliance with IRS regulations to ensure their advocacy activities are within permissible bounds. This includes tracking expenditures and maintaining clear distinctions between advocacy and political campaign activities.
Although the ruling raises concerns about compliance, it’s important to avoid undue fear. Advocacy and lobbying remain essential for 501(c)(4) organizations to influence policy and serve their missions. To mitigate risks, organizations can take proactive steps, such as ensuring diverse funding sources, including outside representation on governing boards, and thoroughly vetting activities to emphasize their social welfare impact. By focusing on transparency and aligning programs with their public mission, nonprofits can confidently continue their vital work while adhering to evolving regulatory standards.
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On Nov. 15, the Departments of Education and Health and Human Services released updated guidance to enhance educational stability and success for children in foster care. This new guidance builds on and strengthens the 2016 guidance, offering clearer recommendations for state and local education agencies and child welfare agencies working with foster children. The guidance addresses frequently asked questions about crucial topics such as Title I educational stability provisions as well as data collection to support students in foster care.
While the updated guidance does not change the existing policy, it aims to improve the implementation of foster care stability provisions by clarifying how they intersect with other educational programs. The goal is to provide more comprehensive support for foster care students through a stronger, more collaborative approach. The guidance also recognizes the unique intersectional identities of foster children, highlighting additional support programs available through the Departments of Education and Health and Human Services. Overall, this initiative seeks to ensure children in foster care receive the stability and support they need to succeed academically, underlining the importance of educational stability for foster children under Title I.
House Subcommittee Examines Safety and Vetting Policies for Unaccompanied Migrant Children
On Nov. 20, the House Judiciary Subcommittee on Immigration Integrity, Security, and Enforcement held a hearing to examine the processing of unaccompanied alien children by the Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) Office of Refugee Resettlement. The focus of the hearing was on policies related to unaccompanied minors, including the vetting of sponsors and guardians, and safeguarding children from potential threats such as human traffickers. The committee also addressed concerns regarding reports of missing migrant children in HHS custody and the efforts to locate them.
Chairmen Clay Higgins (R-La.) and Dan Bishop (R-N.C.) opened the hearing, emphasizing the government’s responsibility to protect vulnerable children. HHS Secretary Xavier Becerra later testified, outlining the safety protocols in place for children after being released to vetted sponsors. While acknowledging the agency’s limited authority to monitor children once they are discharged, Becerra highlighted the agency’s efforts, such as follow-up phone calls and post-release services, to ensure the children’s safety and wellbeing. He reaffirmed HHS’s commitment to adhering to child welfare best practices, prioritizing the best interests of the children in their care.
HHS Removes Barriers for HIV-Positive Patients, Expanding Access to Life-Saving Kidney and Liver Transplants
On Nov. 26, the Department of Health and Human Services (HHS) announced a new final rule that removes clinical research requirements for kidney and liver transplants between donors and recipients with HIV. This rule is part of the ongoing implementation of the HIV Organ Policy Equity (HOPE) Act, which aims to increase the availability of organs for transplant and reduce stigma for people with HIV. By eliminating the need for institutional review board approvals and clinical research for these transplants, the rule reflects robust research showing the safety and effectiveness of kidney and liver transplants in HIV-positive individuals.
This policy change is expected to streamline the transplantation process, reduce wait times for individuals in need of organs, and lower healthcare costs. It will also significantly increase the availability of life-saving organs for all patients, regardless of their HIV status. Admiral Rachel L. Levine, M.D., Assistant Secretary for Health, emphasized that the move aligns with the latest evidence and reflects the commitment to improving healthcare access for people with HIV. Along with the final rule, the National Institutes of Health (NIH) is seeking public input on revising research criteria for other organ transplants under the HOPE Act, aiming to expand the program further and continue building evidence on transplant outcomes for individuals with HIV.
Updates from the Judiciary
Federal Appeals Court Upholds Indiana’s Ban on Gender Affirming Care
On Nov. 26, the 7th U.S. Circuit Court of Appeals upheld an Indiana law banning the use of puberty blockers and hormones for transgender minors under 18. The court ruled the law does not discriminate based on sex because it prohibits gender transition procedures for all minors, regardless of their sex assigned at birth. They also concluded the law does not violate the constitutional rights of transgender children, their parents, or medical providers. This ruling comes as more states have passed similar laws, with over 20 states enacting restrictions on gender-affirming care since 2021.
The Indiana law mirrors a similar law in Tennessee, which is set to be reviewed by the U.S. Supreme Court in the case United States v. Skrmetti. The main issues in the case include whether banning gender-affirming care violates the 14th Amendment, whether it infringes on parents’ rights to make medical decisions for their children, and whether these laws should undergo heightened scrutiny. The 7th Circuit’s ruling could serve as an important legal precedent for the Supreme Court as it decides on the national availability of gender-affirming care for minors.
Wyoming Court Blocks Statewide Abortion Ban, Protects Access to Medication Abortion
On Nov. 26, Judge Melissa Owens of Wyoming’s Ninth District Court blocked the state’s total abortion ban, including the nation’s first explicit prohibition on the use of medication for abortion. Judge Owens ruled that the ban would interfere with the integrity of the medical profession by limiting doctors’ ability to provide evidence-based care. She also determined that Wyoming’s abortion laws violate the state’s constitution, which guarantees individuals the right to personal autonomy in medical decisions. The judge emphasized that the decision to have an abortion should be made by the pregnant individual, not by any other party.
The ruling has significant implications for abortion access in Wyoming, as it temporarily prevents the enforcement of the restrictive laws. Governor Mark Gordon said the state plans to appeal the decision to the Wyoming Supreme Court, indicating an ongoing legal battle over abortion rights in the state.
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