Health and civil rights enforcement action. Oregon Attorney General Dan Rayfield led a coalition of 19 states and the District of Columbia in filing a lawsuit against the U.S. Department of Health and Human Services (HHS). The suit challenges a December 18, 2025 HHS 'declaration' that claims certain gender-affirming care is 'unsafe and ineffective' and threatens to exclude providers from Medicare/Medicaid for offering such care. The attorneys general argue HHS violated federal administrative law by implementing a major policy change without required notice-and-comment rulemaking, creating fear for patients and providers and threatening state Medicaid programs.
The coalition is asking the U.S. District Court for the District of Oregon to declare the HHS declaration unlawful and issue an injunction blocking its enforcement.
In-house legal teams should review all agreements where the entity is a healthcare provider, vendor, or contractor receiving Medicare/Medicaid funding or serving transgender patients. Focus on clauses governing compliance with federal healthcare regulations, termination rights, force majeure, change-in-law provisions, and definitions of covered medical services. Specific clauses to scrutinize include: (1) compliance certifications referencing federal program requirements; (2) termination clauses triggered by exclusion from federal programs; (3) service description clauses that define reimbursable or permitted care; and (4) indemnification or regulatory risk allocation provisions. Potential changes may involve adding language to address abrupt federal policy shifts, clarifying that service definitions follow prevailing medical standards rather than agency declarations, and negotiating cure periods or renegotiation triggers if federal funding or participation status is threatened.
Entity
U.S. Department of Health and Human Services (HHS)
Also known as: HHS
Industry
HealthcareOfficial Press Release
https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-leads-lawsuit-challenging-attack-on-gender-affirming-care/
Oregon v Kennedy Complaint 25cv02409
https://www.doj.state.or.us/wp-content/uploads/2025/12/Oregon-v-Kennedy-Complaint-25cv02409.pdf
Oregon Attorney General Enforcement Page
https://www.doj.state.or.us/consumer-protection/
"U.S. Department of Health and Human Services"
"HHS is attempting to use the declaration to circumvent basic legal requirements for policy changes. Federal law requires agencies to provide the public with notice and an opportunity to comment before making significant changes to health care policy."
"Joining Attorney General Rayfield in this lawsuit are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania."
Attorney General Dan Rayfield and a coalition of 21 attorneys general and Pennsylvania filed lawsuits against the U.S. Department of Transportation, FMCSA, and AAMVA to block demands for a database containing personal information of 17 million commercial drivers. The federal government threatened to withhold $10 million in funding unless the data was turned over, which the coalition argues violates privacy law.
Oregon Attorney General Dan Rayfield co-led a coalition of 10 states in a federal lawsuit against the Office of the Comptroller of the Currency (OCC) to block a rule that invalidates state laws requiring mortgage lenders to pay interest on escrow accounts. The lawsuit argues the OCC's rule oversteps federal authority, gives national banks a competitive advantage over state-chartered banks, and takes money away from homeowners.
A federal judge ruled that Nexstar Media Group violated a court order requiring it to keep TEGNA Inc. operating as an independent company while a multistate antitrust lawsuit challenging the merger proceeds. The court found that Nexstar installed its own executives on TEGNA's board, failed to disclose the appointments, and lacked candor with the court. The court ordered Nexstar to comply immediately, file status reports, respond to discovery, and turn over board and financial documents, with a special master to oversee compliance.
Oregon Attorney General Dan Rayfield, joined by a coalition of 23 other states, the District of Columbia, and two governors, sued the Trump administration to block a new policy by the Administration for Children and Families (ACF) that would allow federal officials to access private records of millions of TANF recipients. The coalition argues the policy illegally shares sensitive personal data, including Social Security numbers and immigration status, with other federal agencies and private organizations, violating the Administrative Procedure Act and the Spending Clause. The lawsuit seeks to declare the policy illegal and block it from taking effect.
Attorney General Dan Rayfield and 49 other state attorneys general sent a letter to the FCC urging stronger 'Know Your Customer' rules to combat illegal robocalls. The coalition requests that phone companies verify customer identities and business practices to prevent scammers from using the network. The letter is part of Phase 2 of Operation Robocall Roundup.
Attorney General Rayfield and a coalition of 49 other attorneys general sent a letter to the FCC urging it to strengthen its Know Your Customer (KYC) rules to combat illegal robocalls. The coalition recommends requiring providers to understand customers' business, applying KYC standards to all providers, and collecting additional information on high-risk customers. No monetary penalty was imposed.