Virginia Attorney General sends memo to VCU, UVA following executive order on gender-affirming care

RICHMOND, Va. (WRIC) -- Virginia Attorney General Jason Miyares sent a memo to local university health systems on Thursday, providing legal advice following President Donald Trump's executive order that cuts federal funding for gender-affirming surgery and medication for patients under 19 years old. On Thursday, Jan. 30, Miyares sent a memo to the University of Virginia (UVA) and Virginia Commonwealth University (VCU) health systems following Trump's executive order that cuts federal funding for gender-affirming surgery and medication for patients under 19 years old. In the memo obtained by 8News, Miyares said that, given the terms of the executive order, the "chemical and surgical mutilation of children must end immediately." According to Miyares, the order directs federal agencies to immediately ensure that medical institutions that receive federal research or education grants end gender-affirming surgeries and medications for children. Any hospital or other institution, including agencies of the Commonwealth, that continues to provide these services will reportedly be at risk of losing such grants, which could apply to all medical and research grants from federal agencies and not just limited to grants related to these services. The order also directs the Secretary of Health and Human Services to take actions to end these practices, including regulatory and sub-regulatory actions that may involve Medicare or Medicaid conditions of participation and coverage. According to Miyares, any state institution that continues to provide these services will therefore risk violating such regulations and could potentially be terminated from participation in Medicare and Medicaid programs. Miyares said the order also directs the United States Attorney General to promote legislation to create a private cause of action concerning the identified practices. "Such a law would further enable victims to pursue lawsuits and could create significant liability for those institutions and individuals who perform and are involved with the chemical and surgical mutilation of children in addition to the exposure they already face under existing law," Miyares said in the memo. Miyares said the executive order also includes provisions concerning enforcement of "genital mutilation" and consumer protection laws, proposals to address whistleblower standards and "other matters which warrant additional attention and review." A copy of Virginia Attorney General Jason Miyares' memo to the University of Virginia and Virginia Commonwealth University's health systems obtained by 8News. (Photo courtesy: Tyler Englander, 8News)(Photo courtesy: Tyler Englander, 8News)(Photo courtesy: Tyler Englander, 8News) As of Thursday, VCU Health and the Children’s Hospital of Richmond at VCU have suspended gender-affirming surgery and medication for patients under 19 years old in the wake of the executive order. "Hospitals and institutions that continue to mutilate children place themselves at significant legal risk and face substantial financial exposure," Miyares said. "Given these risks, my office will be closely monitoring this issue and the actions of the Commonwealth's agencies."

RICHMOND, Va. (WRIC) -- Virginia Attorney General Jason Miyares sent a memo to local university health systems on Thursday, providing legal advice following President Donald Trump's executive order that cuts federal funding for gender-affirming surgery and medication for patients under 19 years old.

On Thursday, Jan. 30, Miyares sent a memo to the University of Virginia (UVA) and Virginia Commonwealth University (VCU) health systems following Trump's executive order that cuts federal funding for gender-affirming surgery and medication for patients under 19 years old.

In the memo obtained by 8News, Miyares said that, given the terms of the executive order, the "chemical and surgical mutilation of children must end immediately."

According to Miyares, the order directs federal agencies to immediately ensure that medical institutions that receive federal research or education grants end gender-affirming surgeries and medications for children.

Any hospital or other institution, including agencies of the Commonwealth, that continues to provide these services will reportedly be at risk of losing such grants, which could apply to all medical and research grants from federal agencies and not just limited to grants related to these services.

The order also directs the Secretary of Health and Human Services to take actions to end these practices, including regulatory and sub-regulatory actions that may involve Medicare or Medicaid conditions of participation and coverage.

According to Miyares, any state institution that continues to provide these services will therefore risk violating such regulations and could potentially be terminated from participation in Medicare and Medicaid programs.

Miyares said the order also directs the United States Attorney General to promote legislation to create a private cause of action concerning the identified practices.

"Such a law would further enable victims to pursue lawsuits and could create significant liability for those institutions and individuals who perform and are involved with the chemical and surgical mutilation of children in addition to the exposure they already face under existing law," Miyares said in the memo.

Miyares said the executive order also includes provisions concerning enforcement of "genital mutilation" and consumer protection laws, proposals to address whistleblower standards and "other matters which warrant additional attention and review."

A copy of Virginia Attorney General Jason Miyares' memo to the University of Virginia and Virginia Commonwealth University's health systems obtained by 8News. (Photo courtesy: Tyler Englander, 8News)

(Photo courtesy: Tyler Englander, 8News)

(Photo courtesy: Tyler Englander, 8News)

As of Thursday, VCU Health and the Children’s Hospital of Richmond at VCU have suspended gender-affirming surgery and medication for patients under 19 years old in the wake of the executive order.

"Hospitals and institutions that continue to mutilate children place themselves at significant legal risk and face substantial financial exposure," Miyares said. "Given these risks, my office will be closely monitoring this issue and the actions of the Commonwealth's agencies."