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."
The provided press release is a media release from the Oregon Department of Justice announcing a multistate press conference of attorneys general from Oregon, California, Washington, Nevada, and New York advocating for increased state resources to address antitrust enforcement gaps following reduced federal oversight. No privacy-related enforcement actions, violations, penalties, or remedies are described in the document.
Oregon Attorney General Dan Rayfield led a 24-state coalition in a lawsuit challenging the Trump Administration’s tariffs imposed under Section 122 of the Trade Act of 1974. The U.S. Court of International Trade granted summary judgment to the states, ruling the tariffs illegal as they did not meet the statutory requirement of “large and serious balance-of-payment deficits.” The court invalidated the 10 percent tariffs on most global products, barring their enforcement.
Consumer protection and civil rights lawsuit filed by Oregon AG and 20 other states against the U.S. Department of Agriculture over unlawful funding conditions that coerce states into complying with policies unrelated to nutrition programs. The conditions relate to immigration, DEI, and gender identity, and are alleged to violate the Spending Clause and Administrative Procedure Act. The suit seeks to block these conditions to protect billions in funding for programs like SNAP, WIC, and school lunches that serve vulnerable populations.
Health enforcement action: Attorney General Rayfield led a coalition of 22 states and D.C. to secure a federal court order blocking the Trump Administration from threatening to cut off Medicare and Medicaid funding to healthcare providers that offer gender-affirming care to youth with gender dysphoria. The court ruled the administration's actions unlawful, protecting access to care and upholding the right to make personal healthcare decisions.
Antitrust enforcement action where Oregon AG filed a lawsuit to block the $6.2 billion merger of Nexstar and Tegna, alleging it violates Clayton Act Section 7 by substantially lessening competition in broadcasting, which could harm local news and raise consumer prices.
Environmental enforcement action where Oregon Attorney General Dan Rayfield, along with a coalition of states and cities, filed a lawsuit challenging the EPA's unlawful rescission of the 2009 Endangerment Finding on greenhouse gas emissions. The challenge argues that the rescission ignores scientific evidence and legal precedent, threatening public health and environmental protections.