H.R. 5635

119 HR 5635 IH: Veterans Healthcare Equality Act of 2025
 U.S. House of Representatives
 2025-09-30
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 I  119th CONGRESS  1st Session  H. R. 5635  IN THE HOUSE OF REPRESENTATIVES   September 30, 2025   Mr. Kennedy of New York  (for himself,  Mr. Takano ,  Ms. Norton ,  Ms. Balint ,  Mrs. Ramirez ,  Ms. Ansari ,  Ms. Velázquez ,  Ms. Tlaib ,  Mr. Tonko ,  Mr. Krishnamoorthi ,  Ms. Williams of Georgia ,  Mr. Walkinshaw ,  Ms. Brownley ,  Ms. Ocasio-Cortez ,  Ms. Chu ,  Ms. Craig , and  Mr. Thanedar ) introduced the following bill; which was referred to the  Committee on Veterans' Affairs    A BILL
To amend title 38, United States Code, to prohibit discrimination on the basis of gender identity in connection with the furnishing of health care under laws administered by the Secretary of Veterans Affairs, and for other purposes.
1.
Short title
This Act may be cited as the   Veterans Healthcare Equality Act of 2025  .
2.
Findings
Congress finds the following:
(1)
Transgender veterans have served our country with honor and deserve to receive the health benefits such veterans are entitled to free from discrimination, including free from intentional and repeated misgendering.
(2)
Treatments for gender dysphoria are medically necessary and supported by every major U.S. medical association.
(3)
Prohibitions on sex discrimination, including in Section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 10822(b) ), prohibit discrimination on the basis of gender identity.
(4)
Despite these protections, the Department of Veterans Affairs has taken steps to discriminate against transgender veterans in the provision of health care, including by the rescission of the transmittal sheet of the Veterans Health Administration published on May 23, 2018, titled  Providing Health Care for Transgender and Intersex Veterans  (VHA Directive 1341(4)) and phasing out treatments for gender dysphoria.
(5)
Explicit nondiscrimination protections for transgender veterans in healthcare services will ensure the Department fulfills its legal obligation to provide health care services, including treatments for gender dysphoria, free from discrimination.
3.
Prohibition against discrimination on the basis of gender identity in connection with furnishing of health care under laws administered by the Secretary of Veterans Affairs
(a)
In general
Subchapter I of  chapter 17  of title 38, United States Code is amended by adding at the end the following new section (and conforming the table of contents at the beginning of such chapter accordingly):
1709D.
Prohibition against discrimination on the basis of gender identity
(a)
In general
In carrying out this chapter, the Secretary of Veterans Affairs—
(1)
may not—
(A)
discriminate on the basis of gender identity; or
(B)
deny a person a medically-necessary treatment for gender dysphoria prescribed to the individual by a health care provider; and
(2)
shall ensure that no person is discriminated against on such basis in connection with the furnishing of hospital care, medical services, or extended care services under this chapter.
(b)
Quarterly briefings
Not later than 90 days after the date of the enactment of the Veterans Healthcare Equality Act of 2025, and not less frequently than on a quarterly basis thereafter, the Secretary shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing with respect to the furnishing of hospital care, medical services, and extended care services under this chapter to transgender veterans during the period covered by the briefing.
 .
(b)
Briefing required
Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall provide to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a briefing with respect to the implementation by the Secretary of the amendment made by subsection (a).