McDermott Will & Schulte, a global law firm

On May 28, 2025, CMS sent a letter to “select hospitals” that provide gender-affirming care services, requesting information about how those hospitals adhere to quality standards regarding medical interventions for gender dysphoria in minors, as well as financial data for gender-affirming care procedures provided at the hospitals and paid, in whole or in part, by the federal government. no statutory or regulatory changes to hospitals’ ability to continue providing gender-affirming care services have been promulgated to date. As a result, the letter raises several questions. Download our FAQ document to learn more about the letter, legal requirements for hospitals that received it, specific information requested, and more, or contact Travis Jackson, Gregory Fosheim, or Kristen O’Brien.

President Trump issued an executive order that requires the US Department of HHS, the US Department of Justice, and other agencies to begin reviewing and promulgating specific actions to eliminate gender-affirming care for individuals under the age of 19. The executive order does not immediately require providers to pause or suspend the provision of gender-affirming care to individuals under the age of 19.

If you represent a medical institution and have additional questions about this executive order, please fill out the form to access and review our full set of Gender-Affirming Care FAQs or contact Travis Jackson, Gregory Fosheim, or Kristen O’Brien.

On May 1, 2025, President Trump issued Executive Order (EO) 14291, which establishes the Religious Liberty Commission. In light of this EO – and in recognition of recent investigations by the US Department of Health and Human Services Office for Civil Rights related to conscience refusals – hospitals, health systems, and healthcare providers may wish to review and update their policies and procedures regarding rights of conscience and requests for religious accommodations.

This set of frequently asked questions is designed to help healthcare entities navigate these issues. If you have any questions or need assistance, please contact David Gacioch, Lindsay Ditlow, Gregory Fosheim, or Sumaya Noush.

The Trump administration stated, on April 22, 2025, that no executive orders concerning exemption standards are “being drafted or considered at this time.” Despite this, members of the nonprofit community – including nonprofit hospitals, academic medical centers, and other charitable organizations – still wish to analyze the effect that existing executive orders may have on the services and programs they provide. We’re here to help.

This guide examines existing executive orders and their relationship with IRS precedent governing charitable status through a series of frequently asked questions (FAQs). For more information, or if you have additional questions, please contact Travis Jackson or Robert C. Louthian, III.

President Trump issued several executive orders eliminating DEI programs within the federal government. One of those orders, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” requires the termination of all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements. It signals a longer-term effort to regulate DEI and requires federal agencies to report specific steps to deter DEI programs that constitute illegal discrimination or preferences.

This set of frequently asked questions is intended to help employers and federal contractors evaluate and navigate this executive orders. If you have any questions or need assistance, contact Rachel Cowen, Stephania Sanon, or Tara Ward.

On April 21, 2025, the National Institutes of Health (NIH) issued a notice to require all US grant recipients to certify compliance with specific DEI policies. This document is intended to help NIH grant recipients evaluate where any company policies and practices need to be changed prior to providing certification. Keep in mind that legal challenges are working their way through the federal courts of appeals circuits on whether these certification provisions of the executive orders are enforceable or violate the First and Fifth Amendments of the US Constitution.

If you have any questions or need assistance, contact Chris Braham, Marshall Jackson, Travis Jackson, Tony Torain, or Tara Ward.

This checklist outlines what to do if you receive an order directing you to stop or suspend work under – or terminating or threatening to terminate – a grant, cooperative agreement, loan, loan guarantee, or other federal financial assistance subject to the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), 2 C.F.R. part 200, and agency supplements to the Uniform Guidance. The checklist can also be used by organizations and individuals that receive an order as a subrecipient or contractor, or in connection with an agreement that incorporates the Uniform Guidance by reference.

If you have any questions or need assistance, contact Daniel Graham or Tara Ward.