Meeting: January 27, 2026
16 ITEM BY COUNCILMEMBERS DAN HALL AND NATALYA ZERNITSKAYA Request of Councilmembers Hall and Zernitskaya that the Council direct City Staff to publicly comment on proposed federal rules and consider joining litigation to protect gender-affirming healthcare for Transgender, Gender Diverse, and Intersex youth.
All residents of the City of Santa Monica deserve access to health care services that reinforce and support their physical, mental, and emotional well-being. Such critical services include gender-affirming care, which local hospitals provide to transgender, gender diverse, and intersex patients. This essential care for people of all ages is supported by major medical associations, including the American Academy of Pediatrics. Unfortunately, the federal government has announced efforts to ban gender-affirming care for young people under 18 years of age throughout the country, including in the City of Santa Monica.
On December 18, 2025, Health and Human Services Secretary Robert F.
Kennedy Jr., and Centers for Medicare and Medicaid Services (CMS) Administrator, Dr.
Mehmet Oz, proposed two rules that would eliminate gender-affirming care for youth under 18. The first rule1 would prohibit receipt of Medicaid reimbursement for gender-affirming care provided to patients under age 18. The second rule2 would remove access to Medicaid and Medicare funding for any service for hospitals that provide pediatric gender-affirming care; coercing hospitals to eliminate access to gender-affirming care for young people nationwide. The proposed rules would take effect in mid-March 2026, after a 60-day comment period which ends on February 17, 2026 and a 30-day waiting period. Additionally, on December 18, 2025, Secretary Kennedy Jr. signed a declaration finding that pediatric gender-affirming services do not meet professionally recognized standards of health care, and practitioners who provide these services would be deemed out of compliance. This declaration could impact the ability of medical professionals who provide gender-affirming services to children and adolescents to continue to practice medicine.
Under Secretary Robert F. Kennedy, Jr.’s proposed rules, patients under age 18 receiving gender-affirming care will lose access to these critical health services. To better protect residents and visitors utilizing gender-affirming care, the City Council unanimously passed a 16 item “Protecting Gender Affirming Healthcare in Santa Monica,”3 which directed the City Attorney to draft a resolution that prohibited the use of City resources or personnel in tracking, investigating, or prosecuting individuals for 3 https://santamonicacityca.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=17838&MeetingID=1430 2 https://www.federalregister.gov/documents/2025/12/19/2025-23465/medicare-and-medicaid-programs-hospitalcondition-of-participation-prohibiting-sex-rejecting 1 https://www.federalregister.gov/documents/2025/12/19/2025-23464/medicaid-program-prohibition-on-federal-medic aid-and-childrens-health-insurance-program-funding-for
16 ITEM BY COUNCILMEMBERS HALL AND ZERNITSKAYA
Further Protecting Gender-Affirming Healthcare in Santa Monica seeking or providing gender affirming healthcare. That resolution4 was passed unanimously by the City Council at its March 25, 2025 meeting, and the City has continued its longstanding tradition of supporting the LGBTQ+ community through various policies and City-sponsored events since.
The provision of gender-affirming care is supported by leading medical associations and organizations, including the World Health Organization and the American Psychiatric Association. In a recent statement from the American Academy of Pediatrics, President Dr. Susan Kressly, M.D. stated that Secretary Kennedy Jr.’s proposals “misconstrue the current medical consensus and fail to reflect the realities of pediatric care and the needs of children and families.” 5Additionally, on December 23, a coalition of 19 states, including California, filed a lawsuit challenging Secretary Kennedy Jr.’s declaration, which changes previously established, evidence-based medical standards of care. The City must do what it can to protect access to ensure vulnerable residents and youth under its stewardship are provided the essential care and services they need.
In order to further protect access to gender-affirming care for transgender, gender diverse, and intersex youth,
WE THEREFORE MOVE THAT THE COUNCIL:
1. Direct the Interim City Attorney to:
1.1. Submit formal public comment before 5 p.m. ET on February 17, 2026 opposing any federal rules or guidance that would eliminate or substantially restrict access to evidence-based gender-affirming care for young people;
1.2. Consider filing, joining, and/or supporting litigation opposing Secretary Robert F. Kennedy, Jr.’s declaration and proposed rules impacting access to gender-affirming care for young people and return, if necessary, to Council in closed session with a recommendation if additional formal authorization is needed.
2. Direct the City Manager and Interim City Clerk to make any appropriate and necessary changes to comply with the above direction.
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5 https://publications.aap.org/aapnews/news/33988/AAP-Proposed-restrictions-to-gender-affirming-care 4 https://santamonicacityca.iqm2.com/Citizens/FileOpen.aspx?Type=4&ID=17973&MeetingID=1432