Harmed patients could sue over gender-transition treatment received as children

People harmed by covered treatment received before age 18 could seek compensation, additional damages meant to punish wrongdoing, and legal costs in federal or state court. Covered treatment means puberty blockers, specified hormones, or surgery used to change the body to match a gender identity that differs from biological sex. Physical or mental harm must be linked at least partly to the treatment. Medical exceptions apply. People could file no later than 30 years after their 18th birthday.

Liability could extend beyond the practitioner who performed the covered procedure. Potential defendants include the treating practitioner and clinic, other practitioners providing care there at the time, and hospitals or colleges that host, fund, partner with, or otherwise affiliate with the clinic. Physical or mental harm must be linked at least partly to covered treatment received before age 18. A defense would apply if the treating clinic or practitioner neither knew nor had reason to know the patient was under 18 at all relevant times. Upon enactment, the act would apply to procedures performed before, on, or after that date.

The federal government would be barred from providing money to covered clinics and affiliated institutions. Covered clinics specialize in diagnosing or treating children's gender dysphoria or distress about gender. Hospitals and colleges are covered if they host, operate, partner with, fund, or otherwise affiliate with these clinics. The restriction covers federal funding for the organizations, including money for unrelated services. The funding restriction would take effect upon enactment.

Federal money could not pay for covered gender-transition procedures performed on people under 18. Covered procedures mean puberty blockers, specified hormones, or surgery used to change the body to match a gender identity that differs from biological sex. Medical exceptions apply. The ban would take effect upon enactment. The act also says it applies to procedures performed before, on, or after that date.

Certain medical care would fall outside the definition of covered gender-transition procedures. These exceptions apply to the lawsuit provisions and the ban on federal funding for individual procedures. Exceptions cover certain differences in sex development and treatment of complications. An exception also covers a procedure for a physical condition when a doctor certifies that going without it would pose imminent danger of death or impairment of a major bodily function.