VOLUME 25

Shifts in Funding Priorities and Vaccine Guidance Contribute to Safety Myths. Plus, Reactions to Ruling in U.S. v. Skrmetti


Summary

This volume examines how the U.S. government’s cancellation of $766 million in contracts with Moderna to develop pandemic flu vaccines, along with unfounded claims by new vaccine advisors, has contributed to the spread of persistent myths about the safety of mRNA technology. It also explores how shifting COVID-19 vaccine guidance and false claims are re-igniting misleading narratives about miscarriage. Lastly, it analyzes how reactions to a Supreme Court ruling upholding a state ban on gender-affirming care for minors further misconceptions and inflammatory language.


Recent Developments

Cancellation of mRNA Flu Vaccine Contract Leads to Renewed Safety Debate

CHRISTOPH BURGSTEDT/SCIENCE PHOTO LIBRARY / Getty Images

The federal government’s termination of $766 million in contracts with Moderna for the development of vaccines against pandemic influenza viruses, including the H5N1 bird flu, has led to renewed conversation about the virus and debate about the safety of mRNA vaccines. Moderna said that its vaccine candidate against H5 avian flu had progressed through early clinical trials involving 300 healthy adults, with 97.8% of participants achieving protective levels of antibody titers three weeks after the second dose. A spokesperson for the Department of Health and Human Services (HHS) attributed the contract cancellation to “safety concerns,” falsely claiming that “mRNA technology remains under-tested,” even though mRNA vaccines for COVID-19 were tested in Phase 3 clinical trials involving more than 70,000 adults. Millions of doses have been administered worldwide, and monitoring data supports their strong safety profile. Despite this, administration officials have previously made broad, unfounded claims about the safety of mRNA vaccines, and several states are considering banning the technology.

KFF analysis of social media showed that mentions of mRNA vaccines increased on May 29, the day after the contract cancellation, appearing more than twice as often as the daily average over the previous two weeks. Online reaction was divided, with some users expressing concern over public health risks while others celebrated the cancellation as a stand against pharmaceutical companies. The most-engaged-with post, from a commentator with more than 1.4 million followers on X, said, “No more blank checks for big Pharma to run experiments on the American people!” Several posts amplified misleading narratives about the safety of mRNA vaccines, with one account with over 900,000 followers and medical credentials in their biography writing, “Americans are done funding failed mRNA experiments that enrich pharma giants and endanger public health.” The most viral posts combined distrust of pharma with vaccine skepticism, which is a familiar pairing in high-engagement misinformation.

Polling Insights: KFF’s April Tracking Poll on Health Information and Trust found that mRNA technology is obscure to much of the public, including partisans. Overall, about one-third (32%) of U.S. adults say vaccines that use mRNA technology are “generally safe” – twice the share of those who say they are “generally unsafe” (16%). However, half (52%) of adults say they do not know enough about mRNA technology to say whether it is safe or not. While Republicans and independents are much more likely than Democrats to say mRNA vaccines are “generally unsafe,” most Republicans (61%) and roughly half of independents and Democrats report not knowing enough about this technology to say.

At Least Half of the Public and Partisans Don’t Know Enough About mRNA Vaccines To Say Whether They Are Safe, Though Democrats Are Less Likely To Believe They Are Unsafe

Unfounded Claims About Spike Protein May Cause Confusion About mRNA Vaccine Safety

KATERYNA KON/SCIENCE PHOTO LIBRARY / Getty Images

Misconceptions about mRNA vaccines continue, as people express uncertainty about how these vaccines impact their health long term. One common concern is that the spike protein produced by the COVID-19 mRNA vaccine is toxic and can cause damage to a person’s organs. mRNA vaccines for COVID-19 trigger an immune response by instructing cells to create the spike protein found on the surface of the SARS-CoV-2 virus, but the spike proteins created by the vaccine are not toxic and are quickly degraded by the body. Studies have not found evidence that the spike proteins created by vaccines damage organs. Still, the claim has been spread by health officials, including new members of the federal Advisory Committee on Immunization Practices (ACIP). One new appointee to the group, which advises the Centers for Disease Control and Prevention (CDC) on immunization schedules and recommendations for the public, has previously falsely claimed that the spike protein can cause “permanent damage” in children’s organs and that mRNA vaccines can cause cancer or a form of AIDS. Other new members have made similar unfounded statements about mRNA safety, with one writing, “The evidence is mounting and indisputable that mRNA vaccines cause serious harm including death, especially among young people.”

The claims reflect broader public misconceptions. In the 30 days leading up to June 20, approximately 66% of social media posts identified by KFF that mentioned the spike protein in COVID-19 vaccines referenced safety, while 21% discussed potential toxicity. Beyond public perception, the misconceptions held by ACIP appointees can impact the CDC’s immunization recommendations and, therefore, which vaccines are covered at no cost by insurance providers.

Polling Insights: KFF’s April Tracking Poll on Health Information and Trust found that about nearly half (45%) of the public report having heard the false claim that mRNA vaccines can alter your DNA, and while few think this myth is “definitely true,” most express uncertainty. Overall, just 3% of adults say it is “definitely true” that mRNA vaccines can change your DNA with much larger shares (24%) saying this is “definitely false.” However, most adults fall in a malleable middle category, saying this claim is either “probably true” (26%) or “probably false” (45%).

The share who believe or lean toward believing this myth differs across partisans, with Republicans and independents each about twice as likely as Democrats to say it is “definitely true” or “probably true” that mRNA vaccines can change your DNA (37% of Republicans and 33% of independents v. 13% of Democrats).

Large Majorities of the Public and Partisans Are Uncertain if the Myth That mRNA Vaccines Can Change Your DNA Is True

Miscarriage Myths Reemerge as HHS Changes COVID Vaccine Recommendations

Morsa Images / Getty Images

Misleading reports of fetal loss following COVID-19 vaccination are contributing to concern over the safety of the vaccine for pregnant people. A 2024 meta-analysis published in BMJ found no increased risk of adverse pregnancy or perinatal outcomes following vaccination during pregnancy. In fact, vaccination reduced the risk of hospitalization with COVID-19 during pregnancy by 94%. However, false claims made by a Florida OB-GYN during a May 21 Senate subcommittee hearing have further fueled these concerns. The doctor repeated the debunked narrative that a 2021 study in The New England Journal of Medicine showed an 82% miscarriage rate following COVID-19 vaccination, but his interpretation only included people who were vaccinated in their first or second trimesters and reported completing their pregnancies by the time of follow-up interviews three months later. The actual study found a miscarriage rate of 12.6%, in line with the prevalence of miscarriage in all known pregnancies.

The testimony caused large spikes in social media posts linking COVID-19 vaccines to miscarriage. One account with more than 1.7 million followers posted video of the testimony and repeated the doctor’s false claim that the COVID-19 vaccine functions like abortion medications. Although mentions of miscarriage or fetal loss make up a small portion of overall COVID-19 vaccine conversations, of those that do mention it, the most-engaged-with content amplifies the false claim that the vaccine causes miscarriage in up to 80% of pregnancies. Following the testimony, HHS announced that the CDC would no longer recommend COVID-19 vaccines for healthy children or pregnant people, again citing misleading studies to support the policy shift. Reactions to the HHS announcement were mixed, with some on social media calling for more by banning COVID-19 for all people. Others expressed fear about how this may impact vaccine availability for those who chose to be vaccinated, as the CDC no longer recommends COVID-19 vaccination during pregnancy but still lists pregnancy as a high-risk underlying condition.

Misconceptions and Inflammatory Language Follow Supreme Court Ruling on Gender-Affirming Care

joe daniel price / Getty Images

The June 18 Supreme Court’s decision to uphold a Tennessee law banning gender-affirming care for minors led to one of the largest spikes in news reports and social media conversations about gender-affirming care in 2025 thus far. Many of the posts repeated misconceptions about gender-affirming care that underlie most similar bans, including the inaccurate belief that it is experimental or lacks sufficient evidence. In reality, many of the medical treatments involved, like puberty blockers and hormone therapies, have been used safely for decades in cisgender children and adults to treat conditions including delayed and precocious puberty. U.S. medical associations, including the American Medical Association, American Academy of Pediatrics, and the American Psychological Association, support youth access to gender-affirming care, pointing to evidence that such care improves mental health outcomes for transgender youth. Research has found gender-affirming medical interventions to be associated with lower odds of depression and suicidality.

Posts also frequently used emotionally charged language to evoke fear, inaccurately referring to gender-affirming care as “mutilation,” “castration,” or “maiming,” and comparing it to female genital mutilation. Female genital mutilation includes non-medical procedures recognized as human rights violations. In the last 30 days, as of June 20, approximately 12% of social media posts about gender-affirming care identified by KFF included such terms, up from 7% in the previous 30 days. One podcaster with 3.7 million followers celebrated the ruling on X, calling it “a fatal blow to the child mutilation industry,” while Attorney General Pam Bondi said the decision “allows states to protect vulnerable children from genital mutilation.” Mentions of these terms previously spiked on June 2, after the Federal Bureau of Investigation (FBI) asked the public to report providers who they said “mutilate” children by offering gender-affirming surgery to minors.

The use of such language can suggest violence or harm and has been used in unsubstantiated claims that schools or healthcare providers are providing transition-related care without parental knowledge or consent. In reality, the most common forms of transition, especially for minors, are non-medical, such as altering clothing, hairstyle, or pronouns to better fit their gender identity. When medical interventions are pursued, they are consensual, medically supervised, and evidence-based treatments. Surgical interventions are relatively uncommon among adults and very rare among minors. One study of more than 22 million youth found that fewer than .01% of transgender and gender diverse adolescents ages 13 to 17 underwent gender-affirming surgery, and none under 12 received such care.


AI & Emerging Technology

AI Usefulness in Diagnostics May be Limited by Human Interactions

Yana Iskayeva / Getty Images

While previous research has shown artificial intelligence chatbots to be capable of passing the United States Medical Licensing Exam, a new study from researchers at the University of Oxford highlights that human interactions with these tools may limit their accuracy and usefulness. Researchers tested whether large language models (LLMs) could help members of the public correctly identify health conditions and determine a course of action in 10 common medical scenarios. They found that when performing alone, the LLMs correctly identified conditions in 94.9% of cases. But, real people using the same models identified relevant conditions in only 34.5% of cases, underperforming a control group that did not use the AI chatbots.

The researchers examined the transcripts of participant interactions with the chatbots, observing cases where the participants provided incomplete information and where the LLMs misinterpreted prompts. They noted that the AI models often provide users with 2-3 different possible options, allowing users to have the final decision, and that at least one of the suggested conditions was relevant in at least 65.7% of conversations with participants. Since users performed poorly at making the correct choice, the study authors suggested that the usefulness of LLMs could be improved by including explanations, structured outputs, or clear recommendations. Despite AI’s strong performance on medical benchmarks and in controlled scenarios, misunderstandings between human users and chatbots could amplify confusion or lead to misdiagnoses. The researchers recommend involving human users in safety testing prior to the deployment of these tools in clinical settings.

About The Health Information and Trust Initiative: the Health Information and Trust Initiative is a KFF program aimed at tracking health misinformation in the U.S., analyzing its impact on the American people, and mobilizing media to address the problem. Our goal is to be of service to everyone working on health misinformation, strengthen efforts to counter misinformation, and build trust. 


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Support for the Health Information and Trust initiative is provided by the Robert Wood Johnson Foundation (RWJF). The views expressed do not necessarily reflect the views of RWJF and KFF maintains full editorial control over all of its policy analysis, polling, and journalism activities. The Public Good Projects (PGP) provides media monitoring data KFF uses in producing the Monitor.

Different Data Source, But Same Results: Most Adults Subject to Medicaid Work Requirements Are Working or Face Barriers to Work

Published: Jun 25, 2025

On May 22, the House passed a budget reconciliation bill that makes significant changes to the Medicaid program, including adopting a national work requirement for certain people covered by Medicaid. The new requirements would apply to adults eligible through the Medicaid expansion and would require them to work 80 hours or more per month, engage in work-related activities, or be in school half time. Certain individuals, including parents of dependent children and individuals who are “medically frail,” (defined as those who have a physical, intellectual, or developmental disability, a substance use disorder or “disabling” mental disorder, and those with “serious or complex” medical conditions), would be exempt from the requirements.

Under the House-passed bill, whether an individual is meeting the work requirements would be assessed at application and at renewal. Adults applying for Medicaid would have to meet the requirements or qualify for an exemption at least in the month preceding their application and could be required at state option to meet the requirements for more than one consecutive month. Adults enrolled in Medicaid expansion coverage would have to meet the requirements for at least one month between 6-month eligibility determinations, or more frequently at state option.

Text of the Senate version of the reconciliation bill, released on June 16, also includes a Medicaid work requirement similar to the provisions in the House bill, though it makes some changes to who is exempt from the requirement, notably narrowing the exemption for parents to those whose children are ages 14 and younger.

The Congressional Budget Office estimates the Medicaid work requirement provisions in the House bill would reduce federal spending by $344 billion over ten years, and increase the number of people without health insurance by 4.8 million. Based on experience with work requirements in Arkansas, where 18,000 enrollees lost Medicaid coverage following implementation of work requirements, many adults are expected to lose coverage because of difficulty navigating the reporting requirements and proving they worked the required hours or qualified for an exemption.

This analysis builds on prior analysis of the work status of Medicaid enrollees and uses data from the Survey of Income and Program Participation (SIPP) to model the impact of the work requirements in the House-passed bill. It includes adults on Medicaid who are not receiving disability income, are not also enrolled in Medicare, and are not parents of dependent children in states that had adopted the Medicaid expansion as of December 2021, as these adults are likely to be subject to the new requirements. Specifically, the analysis examines the work status of these Medicaid adults to assess whether they would meet the 80+ hours per month requirement and identify the reasons why individuals may not be meeting the requirement. It also examines work status throughout the year for this group to determine whether adults who meet the work requirement by working 80 or more hours in one month continue to meet the requirement in subsequent months.

KFF Analyses of Medicaid and Work

To understand the impact of Medicaid work requirements included in the budget reconciliation bill being debated in Congress, KFF has undertaken two difference analyses using different data sources. Below describes the differences between these analyses.

Current Population Survey (CPS): Study population includes adults with Medicaid who do not receive disability payments or who are not enrolled in Medicare. Analysis measures the share who worked full-time or part-time, regardless of the number of part-time hours worked. Among those who did not work, examines the reasons why they did not work. Work status is measured for the full year and includes those who worked the entire year as well as those who worked part of the year. The time period for the analysis is 2023. In addition to national estimates, CPS allows for state-level estimates for some measures.

Survey of Income and Program Participation (SIPP): Study population includes adults with Medicaid who do not receive disability payments, who are not also enrolled in Medicare, and who are not parents of dependent children. Analysis measures the share of adults who work 80 or more hours in a month, and for adults who did not work 80+ hours, the reasons why they did not work the required hours. The time period for the analysis is June 2022 (SIPP captures work status on a monthly basis).

Monthly Work Status

Among Medicaid adults who would be subject to the work requirements in the House-passed reconciliation bill, nearly eight in ten either met the requirement to work at least 80 hours or did not meet the requirement for a reason that would likely qualify them for an exemption. Over half (53%) worked at least 80 hours in the month analyzed (June 2022) and 9% were attending school (Figure 1). Nearly one in five (17%) of adults did not work 80 or more hours because of illness or disability (15%) or caregiving responsibilities (2%), reasons that could qualify them for an exemption from the requirement. However, about one in five (21%) Medicaid adults were not working or did not work enough hours to meet the requirement for reasons, including the inability to find work or to work more hours, retirement, or having been laid off, that would put them at particular risk for losing coverage if the new requirements go into effect.

Status of Meeting New Work Requirements Among Medicaid Adults, June 2022

The share of adults who would meet the new requirements or qualify for an exemption varies by age. Over seven in ten (72%) of young adults ages 19-27 were working 80 or more hours (48%) or were in school (24%) and would have met the requirements, the highest share of any age group. An additional 7% reported having an illness or disability (Figure 2). A slightly smaller share (66%) of adults ages 27-49 would have met the requirements while one in five would have qualified for an exemption based on health limitations or caregiving responsibilities. Adults ages 50-64 were least likely to meet the requirements, with less than half (48%) working 80 or more hours in the month. However, nearly a quarter (24%) of these adults were not meeting the requirements for reasons that would likely qualify them for an exemption.

Compliance with Work Requirements and Barriers to Meeting Requirements Among Medicaid Adults, By Age Groups, June 2022

Adults ages 50-64 are at greater risk of losing Medicaid coverage for not meeting the new requirements. Adults who are not working 80 or more hours in the month and who do not appear to qualify for an exemption because they cite an inability to find work, retirement, or other reasons for why they are not working are at the greatest risk of losing coverage if the work requirements are implemented. Nearly three in ten (29%) Medicaid adults ages 50-64 are not meeting the work requirements and do not appear to qualify for an exemption (Figure 2). While similar shares of adults ages 50-64 compared to other age groups cited being unable to find work or other reasons for not meeting the work requirements, over one in ten (11%) said they had retired. Among adults who said they retired, 28% reported having a disability. Because of their age and physical limitations, these adults may face particular challenges trying to reenter the workforce, if they don’t meet reporting requirements to qualify for an exemption.

Work Status Throughout the Year

About 10% of Medicaid adults who meet the requirement to work 80+ hours in a month do not continue to meet the requirement for all of the following six months. Under the requirements in the House-passed bill, states must confirm that individuals meet the work requirements at application and every 6 months when eligibility is redetermined (or more frequently at state option). States would be required to “look back” at least one month between 6-month eligibility periods and could choose to “look back” more consecutive or non-consecutive months to verify compliance. While 44% of Medicaid adults who met the requirement to work 80+ hours in June continued to meet the requirement in all six months from July to December, 4% met the requirement for 4 or 5 months and 5% met the work requirement for only 1, 2, or 3 months during the 6-month period from July to December. Depending on how states operationalize the “look back” period, the month-to-month volatility in hours worked could lead to increased coverage loss, but even individuals who continue to meet the requirement could still lose coverage if states require monthly verification.

Among Adults Covered by Medicaid Who Worked 80+ Hours in June, the Number of Months They Worked 80+ Hours from July to December

Similar to previous analyses, this analysis shows that a majority of Medicaid expansion adults who would be subject to the work requirements in the reconciliation bill are working 80 or more hours in a month, and most are working those hours consistently over a six-month period. Many adults who do not meet the work requirements are attending school or have an illness or disability that limits their ability to work and would, therefore, appear to qualify for an exemption from the work requirements. Nevertheless, these adults are at risk of losing coverage if they are unable to navigate reporting requirements established by their state. Expansion adults ages 50-64 may be at greater risk of losing coverage under the new requirements because they are less likely to work 80 or more hours in a month or to qualify for an exemption.

Methodology

Data for this analysis are from the 2023 Survey of Income and Program Participation (SIPP), which covers calendar year 2022. The analysis focuses on the working patterns of individuals in the month of June 2022 who:

  • Were enrolled in Medicaid, but were not dually enrolled in Medicare;
  • Were between the ages of 19 and 64;
  • Did not receive Supplemental Security Income (SSI) or disability-related income;
  • Were not parents of dependent children under the age of 18 in the same household;
  • Were not pregnant (those who did not work because of a pregnancy or childbirth);
  • Had complete records on hours worked for each month of the year; and
  • Lived in Medicaid expansion states.

To identify reasons for not meeting work requirements, defined as working more than 80 hours per month, responses were combined from several questions, including reasons for not working and reasons for working part-time. Furthermore, to assess work status across a six-month window, individuals who met the work requirement in June were then followed from July through December to examine how their work status changed over time.

Global Health Funding Awards by State and Congressional District

Published: Jun 24, 2025

This resource provides data on global health funding awards by U.S. state and congressional district in FY 2024. Data were obtained from USAspending.gov, the official source of spending across the U.S. government. While the resource allows users to see how much funding for global health projects was channeled to organizations in the U.S., it only provides information on the prime awardee of funding, not sub-awardee, and should not be used to assess how much funding ultimately went to other countries (other analyses1  show that most funding does go to support health activities in recipient countries). Rather, the analysis can be used to indicate that some funding goes to U.S.-based organizations and companies who in turn work on behalf of the U.S. government on global health.

Some key take-aways are as follows:

  • In FY 2024, the U.S. obligated more than $10 billion for global health activities.
  • Most of this funding (75% or $7.9 billion) was designated for work primarily to be performed in other countries, whether or not the prime awardee was a U.S. or foreign implementer.
  • U.S.-based prime awardees received $4.6 billion (44%) of FY 2024 global health funding (foreign implementers received $5.9 billion or 56%).
  • Of the $4.6 billion provided to U.S.-based implementers:
    • Funding was provided to organizations in 45 states and the District of Columbia and 151 of 436 congressional districts.2 
    • The top 10 states accounted for $4.5 billion, or 97%. D.C.-based organizations received the largest amount of funding ($2 billion), primarily because the global health supply chain contractor is based on D.C., followed by Maryland ($661 million), North Carolina ($555 million), Virginia ($386 million), Massachusetts ($294 million), New York ($283 million), Washington ($217 million), Georgia ($61 million), Tennessee ($43 million), and California ($37 million).
    • The top 10 congressional districts accounted for $4.2 billion, or 90%. Again, D.C. received the largest amount of funding ($2 billion), followed by NC-04 ($553 million), MD-08 ($384 million), MD-07 ($274 million), WA-07 ($188 million), VA-08 ($188 million), VA-11 ($180 million), NY-13 ($157 million), MA-05 ($142 million), and MA-08 ($141 million).

Detailed data are provided below.

States

Global Health Award Funding by State, FY 2024
Global Health Funding and Number of Awards by State, FY 2024

Congressional Districts

Global Health Award Funding by U.S. Congressional District, FY 2024
Global Health Funding and Number of Awards by U.S. Congressional District, FY 2024

Methods

Methods: Data represent obligations and number of unique awards (federal contracts, grants, or loans) to U.S.-based organizations listed as the “prime” implementer of the award for the 2024 fiscal year for the following federal accounts: Global HIV/AIDS Initiative (019-1030), Global Health Programs (019-1031), Child Survival and Health Programs Fund (072-1095), HIV/AIDS Working Capital Fund (072-1033), and Global Health, Centers for Disease Control and Prevention (075-0955). Several additional federal accounts that may contain funding for global health activities, such as the Economic Support Fund (ESF) account, were not included because these accounts support numerous development activities and global health funding amounts could not be disaggregated. Prime awardees based in U.S. territories were excluded from the analysis. Recipients identified as “Foreign Awardees” were not included in the U.S.-based implementers analyses. While many prime awardees make sub-agreements with other entities to perform a portion of the original award, data on sub-awardees were not available. Where aggregate amounts by state or congressional district were negative (representing de-obligations or cancelled funds), these amounts were converted to zero to signify that the state/congressional district received overall no additional global health funding obligations in FY2024.

Sources: Award and obligation data were obtained from USASpending.gov’s Custom Account Data query page using the “Account Breakdown by Award” file for fiscal year 2024 for the following federal accounts: Global HIV/AIDS Initiative (019-1030), Global Health Programs (019-1031), Child Survival and Health Programs Fund (072-1095), HIV/AIDS Working Capital Fund (072-1033), and Global Health, Centers for Disease Control and Prevention (075-0955). Data were obtained on May 8, 2025. Population data were obtained from the U.S. Census Bureau’s 2020 Decennial Census 118th Congressional District Summary File. Data were obtained on June 12, 2025.

  1. See: Center for Global Development, “No, 90 Percent of Aid Is Not Skimmed Off Before Reaching Target Communities,” https://www.cgdev.org/blog/no-90-percent-aid-not-skimmed-reaching-target-communities; WLRN Public Radio and Television, “PolitiFact FL: Does as little as 10% of USAID go to help people in need? What that claim gets wrong,” https://www.wlrn.org/government-politics/2025-02-07/politifact-florida-usaid; PEPFAR, “PEPFAR 2022 Country and Regional Operational Plan (COP/ROP) Guidance for all PEPFAR-Supported Countries”, https://modern.kff.org/wp-content/uploads/2022/02/PEPFAR-2022-COP-ROP-Guidance-Final.pdf#page=97; Washington Post, “Vance, Rubio peddle fiction that 88 percent of foreign aid doesn’t go overseas,” https://www.washingtonpost.com/politics/2025/06/11/usaid-vance-rubio-fact-checker/. ↩︎
  2. Excludes congressional districts in U.S. territories; includes D.C.’s congressional district. ↩︎

Seven Million People with Medicare Spend More Than 10% of Income on Part B Premiums – The Reconciliation Bill Could Drive the Number Higher

Authors: Alex Cottrill, Juliette Cubanski, Tricia Neuman, and Karen Smith
Published: Jun 23, 2025

Most people with Medicare are required to pay a monthly premium for enrollment in Medicare Part B, which provides coverage for physician visits and other outpatient services. In 2025, the standard Part B premium is $185 per month, up from $174.70 in 2024. People with relatively low incomes and limited financial resources can qualify for the Medicare Savings Programs, through which state Medicaid programs provide financial assistance with Medicare premiums and cost sharing. However, provisions in the GOP’s budget reconciliation bill currently moving through Congress would make it harder for people to enroll in these programs. The Congressional Budget Office estimates 1.3 million Medicare beneficiaries would lose access to these Medicaid benefits, meaning some low-income Medicare beneficiaries would lose Part B premium assistance. Many people with Medicare are facing a relatively high financial burden associated with paying Part B premiums, and the reconciliation bill could drive that number higher.

Over one in ten (12% or 7.4 million) of the 61 million Medicare beneficiaries enrolled in Part B in 2024 spent more than 10% of their annual per capita income on Part B premiums. Another 5 million spent between 8% and 10% of their income on Part B premiums, meaning that altogether, over one in five (21% or 12.5 million) people with Medicare Part B spent more than 8% of their annual per capita income on Part B premiums in 2024 (Figure 1). For roughly half of Medicare beneficiaries enrolled in Part B in 2024 (30.7 million), the Part B premium accounted for a smaller share of their annual per capita income – 6% or less. These estimates, which are based on income data from the Dynamic Simulation of Income Model (DYNASIM), highlight the burden of Part B premiums for the many Medicare beneficiaries living with modest means.

The monthly Part B premium imposes a relatively large financial burden on lower-income Medicare beneficiaries who are not enrolled in the Medicare Savings Programs. The 7 million beneficiaries who spent at least 10% of their annual income on Part B premiums in 2024 by definition had per capita income of $21,000 or less per person, based on the 2024 monthly Part B premium of $174.70 (or $2,100 for the year). An individual with income of this amount would have been just above the upper threshold to qualify for the Medicare Savings Programs in 2024, which was around $20,600 (135% of the federal poverty guidelines that year).

More Than 7 Million Medicare Beneficiaries Spent Over 10% of Their Annual Income on the Medicare Part B Premium in 2024

Delaying implementation of the rules intended in part to streamline enrollment in the Medicare Savings Programs, as proposed in the House-passed budget reconciliation bill, or prohibiting their implementation, as proposed by the Senate, would result in the loss of valuable financial protections under Medicaid for some low-income Medicare beneficiaries, who would then be responsible for paying Part B premiums (and possibly also Medicare deductibles and cost sharing). These costs would represent a relatively substantial share of their income, as illustrated in another KFF analysis showing that in 2025, the $185 monthly Part B premium would represent nearly 20% of the monthly $967 Supplemental Security Income (SSI) benefit for a low-income Medicare beneficiary receiving SSI. This individual would be automatically enrolled in a Medicare Savings Program under the federal rule proposed for delayed implementation in the reconciliation bill.

Factoring in Medicare cost-sharing requirements, such as the annual Part A and Part B deductibles ($1,676 and $257 in 2025), the same individual, if they paid those full cost-sharing amounts, would have costs consuming at least one-third or more of their SSI benefit for the year. With Medicare Part B premiums projected to increase to nearly $2,500 in 2026 and more than $4,000 by 2034, the financial burden on Medicare beneficiaries associated with paying for Part B coverage is likely to grow.

This work was supported in part by AARP Public Policy Institute. KFF maintains full editorial control over all of its policy analysis, polling, and journalism activities.

Alex Cottrill, Juliette Cubanski, and Tricia Neuman are with KFF. Karen Smith is with the Urban Institute.

Pending Changes to Marketplace Plans Could Increase Cost Sharing for Consumers

Published: Jun 23, 2025

Changes to Marketplace plans recently finalized by the Centers for Medicare and Medicaid Services (CMS) may incentivize insurers to make their plans less generous. With less generous plans, consumers could face higher out-of-pocket costs. However, these changes could also lower premiums for those who don’t qualify for premium assistance (roughly 8% of Marketplace enrollees). Plans sold on the Affordable Care Act (ACA) Marketplaces and sold in the small group market are grouped into metal tiers—bronze, silver, gold, and platinum—based on their actuarial value (AV), or the average share of health care costs the plan covers for a standard population. Bronze plans require the highest cost sharing, paying only 60% of expected costs, followed by silver plans (70%), gold plans (80%), and platinum plans (90%). “Expanded” bronze plans have a somewhat higher actuarial value and are required to cover some services before the deductible is met.

Issuers are given flexibility in meeting these actuarial value targets. In rules issued in effect from the 2023 plan year, standard on-exchange bronze (except expanded bronze), silver, gold, and platinum plans are required to be within +2/-2 percentage points of their AV targets, a range known as the de minimis range. Individual market standard silver plans have an allowable range of +2/0 percentage points; silver plans offered with cost-sharing reductions for lower-income enrollees are required to have a narrower range (+1/0 percentage points).

CMS has finalized expanding the de minimis range as part of a broader Program Integrity Rule starting in plan year 2026. The finalized rule reverts to the range used between 2018-2022 and gives issuers more flexibility to lower the AV of plans while maintaining their metal level. Individual and small-group market plans may vary from the target AV by up to +2/-4 percentage points (except for expanded bronze plans). For silver plans that include cost-sharing reductions, the allowable range is expanded to +1/-1 percentage points. The One Big Beautiful Bill Act, as passed by the House of Representatives, would codify these ranges into law.

An illustrative silver plan can be used to illustrate the potential impacts of widening the allowable range of AVs. Under current rules, a silver plan with 15% coinsurance for enrollees across all services and a $4,000 combined medical and drug deductible has an actuarial value of 70%. That calculation is based on the actuarial value calculator issued by the federal government. Under the new finalized rule, a plan with a deductible $1,750 higher or a coinsurance 25 percentage points higher could still be classified as silver, with an AV of just over 66%. How much more any given consumer would pay out-of-pocket would depend on their use of services.

Expanding the Actuarial Value Range for Silver Plans Could Increase Cost Sharing

Insurers may choose to configure plan designs in this wider range by some combination of increased copays, coinsurance, maximum out-of-pocket amounts, or cost sharing for specific services to decrease the AV. Many Marketplace plans currently have AVs near the lower end of the allowed range: In 2025, the average AV for silver plans was 70.3%.

Standardized plans (designated “easy pricing” plans on HealthCare.gov) were created to simplify cost-sharing arrangements and allow consumers to easily compare plans. For the 2026 plan year, standardized plans have an actuarial value of 70.0% in most states. Allowing a wider range of actuarial values to be classified as the same metal level may increase the challenges of shopping. If insurers choose to offer non-standardized plans with lower AVs, consumers may have difficulty identifying the decreased coverage provided by these plans compared to standardized ones.

While insurers are not required to lower AVs, the finalized rule could create an incentive to do so—effectively reducing the value of coverage for Marketplace enrollees. The finalized rule cites increased cost sharing as a potential benefit, lowering overall premiums, and encouraging more people without a subsidy to purchase coverage. However, those who are eligible for premium tax credits – which make up the vast majority of Marketplace enrollees – would not pay lower premiums and may face higher cost sharing.

Implications of Medicaid Work and Reporting Requirements for Adults with Mental Health or Substance Use Disorders

Published: Jun 23, 2025

The House recently passed a budget reconciliation bill that includes national Medicaid work requirements for adults in the Affordable Care Act (ACA) expansion group, which the Congressional Budget Office (CBO) estimates would reduce federal Medicaid spending by $344 billion over ten years and increase the number of people without health insurance by 4.8 million. On June 16, the Senate Finance committee released proposed reconciliation language with some substantive changes to the Medicaid work requirement provisions, but this language may change as the Senate debates the bill. Under the House-passed bill, adults enrolled through ACA Medicaid expansion must complete 80 hours of work (or other qualifying activities) per month or meet specific exemption criteria (such as having a substance use disorder (SUD) or “disabling” mental disorder). States must verify compliance (at least) at application, renewal, and every six months thereafter, starting no later than December 31, 2026 or individuals could be denied or disenrolled from coverage. For additional details about this process, see KFF’s explainer.

Medicaid plays a large part in coverage and treatment of behavioral health conditions, covering nearly one-third of all adults with mental health disorders and one-fifth of all adults with substance use disorders; among Medicaid expansion enrollees specifically, 24% have a diagnosed behavioral health condition. Continuous Medicaid coverage supports ongoing treatment for mental health and substance use disorders, and disruptions may negatively affect individuals’ mental and physical health. Additionally, many adults with mild or moderate conditions already work or engage in qualifying activities but rely on Medicaid-covered medications and treatments to maintain steady employment. This brief describes key challenges that Medicaid work requirements may pose for adults with mental health or substance use disorders.

Medicaid expansion is the primary coverage pathway for people with mental health or substance use disorders. Among Medicaid-covered adults diagnosed with a substance use disorder, 59% qualify through ACA expansion, similar to those with opioid use disorders (61%), any mental health disorder (51%), and serious mental illness (45%, defined here as schizophrenia, other psychotic disorders, and bipolar disorders). These shares are higher when limited to ACA Medicaid expansion states (Figure 1). Others qualify for Medicaid by receiving Supplemental Security Income (SSI) for a disability, as a low-income parent, or pregnant/postpartum individual. Although certain serious mental illness diagnoses may qualify for SSI, the disability determination process is lengthy and complex, and overall two-thirds of Medicaid enrollees with disabilities qualify through non-disability pathways, such as Medicaid expansion. Substance use disorders alone do not qualify individuals for SSI.

Expansion is the Primary Medicaid Pathway for People with Mental Health or Substance Use Disorder Conditions

The House-passed bill (and language proposed by the Senate Finance Committee) specifies exemptions for individuals with substance use disorders or “disabling” mental disorders from Medicaid work requirements under the “medically frail” designation. Participation in a SUD treatment program is also listed as an exemption in the bill. However, the bill does not explicitly define which diagnoses constitute “disabling” mental disorders. Mental health disorders that substantially impair daily functioning—such as schizophrenia, other disorders involving psychosis, or bipolar disorder—might be among those considered “disabling” mental disorders under the medically frail designation. However, the exact diagnoses qualifying for this exemption have not yet been clarified and will depend on forthcoming federal guidance and state decisions.

Federal and state decisions about implementing work requirements may be particularly impactful for adults with mental health or substance use disorders. However, the extent of the impact may depend heavily on how these requirements are defined and operationalized, and many details currently remain unclear. Upcoming federal guidance may provide some clarification, but processes could still vary by state. For example, the House bill does not specify how states would be expected to identify individuals who are exempt or whether/when individuals may be required to self-report or provide documentation to confirm they meet exemption criteria. Potential challenges include:

  • The House bill does not specify states will be required to use available data to automatically verify exemptions, and even states using data may miss some individuals due to data limitations. While states could cross-reference Medicaid enrollment records with other data sources, such as Medicaid claims, to identify exemption-qualifying conditions like substance use disorders or certain mental disorders, there is often a delay of weeks or months between a service being delivered and claims being fully processed. The length of this delay may also differ by state and Medicaid managed care organization, the primary way most enrollees receive care. Claims further delayed due to disputes, denials, or bundling with other services can further obscure specific diagnoses. These data limitations could leave some exempt individuals unidentified, requiring them to initiate and navigate the state’s exemption process. States with outdated or less integrated data systems may face additional challenges, potentially increasing reliance on manual reporting—particularly difficult for individuals with mental health or substance use disorders. For example, when Arkansas implemented Medicaid work requirements, data-matching identified about two thirds of enrollees, exempting them from reporting work hours or exemption status. Among those who had to actively report, about 70% did not obtain an exemption or report compliance with the work requirements, ultimately resulting in over 18,000 people losing coverage. Arkansas is among a subset of states that already makes “medically frail” determinations because they opt to provide an “alternative benefit package” to ACA expansion adults, enrolling them in Marketplace health plans (while individuals designated “medically frail” may receive the “traditional” Medicaid benefit package). As a result, the state may be better positioned to conduct data matching for exemptions relative to other states; but still Arkansas highlighted (in its new waiver request) that limitations with “data matching” led to some individuals with medical conditions or disabilities that prevented them from working to “fall through the cracks” when the state implemented its work policies in 2018.

Common behavioral health symptoms would make it more challenging for individuals with these conditions to self-report work or exemption status. Behavioral health symptoms can include challenges with concentration, planning, energy levels, anxiety, feelings of overwhelm, and difficulties managing stress, all of which may make it harder for enrollees to understand requirements, navigate complex submission processes, and troubleshoot issues that arise. Individuals experiencing severe or acute behavioral health symptoms may find it particularly difficult to provide documentation, especially for those whose disorders are compounded by unstable employment, housing instability, or homelessness—which is more common among those with serious mental health disorders or severe substance use disorders. Therefore, mental health and substance use disorders themselves could increase the risk of Medicaid coverage loss under proposed requirements. Provider burden may increase if provider documentation is required to obtain an exemption. Under New Hampshire’s work requirement waiver, adults who self-attested to being medically frail were still required to obtain certification from a medical professional of their medical frailty exemption, which was reportedly difficult for enrollees to navigate and complicated for providers.

Hypothetical Scenario 1: Managing Exemption Paperwork While Experiencing a “Disabling” Mental Disorder

Ray, age 23, was diagnosed with bipolar disorder two years ago. He experiences severe episodes of mania and depression. Although medication helps, it does not eliminate symptoms, and Ray doesn’t always take his medications consistently. Maintaining steady employment is often challenging, and Ray is awaiting a determination hearing for his SSI application.

In the Medicaid expansion state where Ray lives, bipolar disorder qualifies as a “disabling” mental disorder, exempting him from Medicaid work requirements. However, the state is unable to automatically verify / data match the exemption, requiring Ray to submit documentation to confirm he is exempt from the requirements.

Last month, Ray received a Medicaid renewal notice reminding him to submit his exemption documentation by May 1st but difficulty filling his prescription led to a medication gap and resulted in a severe depressive episode. During these episodes, Ray struggles with energy, motivation, clarity of thought, and focus, making daily tasks—including submitting paperwork—overwhelming.

Ray did not submit the required documentation by the deadline and Medicaid followed up with a notice of noncompliance a week later, giving him 30 additional days to respond. However, Ray’s mental health hadn’t improved, and he did not follow up. Shortly after, he went to the emergency room due to persistent suicidal thoughts. At the ER, Ray discovered he had been disenrolled from Medicaid. The ER provided short-term stabilization care and a prescription for medication. He could not afford to fill the medications prescribed by ER doctors.

Ray can reapply for Medicaid and request a new exemption by submitting documentation from a mental health provider. However, without Medicaid, he has struggled to find a provider to document his condition, complicating his ability to regain coverage.

  • Mild and moderate mental health disorders may not qualify adults for exemptions from work requirements; however, symptoms could lead to employment gaps, making compliance with new requirements more difficult. People with mild or moderate disorders can experience episodic symptoms, such as depressive episodes or severe anxiety, which can disrupt consistent employment. The House bill allows states to provide short-term hardship exceptions, such as during inpatient psychiatric stays; however, these exceptions are not federally required and must be requested by the enrollee. Additionally, variation in work requirement implementation could further affect compliance. For instance, states that require verification of work history over three consecutive preceding months may present greater compliance challenges compared to states with less stringent criteria.
Hypothetical Scenario 2: Missing Work Due to a Moderate Mental Health Disorder

John has a depressive disorder where he intermittently experiences severe episodes. When his depressive episodes occur, daily tasks become difficult. His medication generally helps manage his depression and maintain employment. His condition is not classified as “disabling,” so he must meet Medicaid work requirements (at least 80 hours per month) to maintain coverage in the expansion state where he lives.

John’s state verifies every six months that he worked at least 80 hours each month, and chooses to “look-back” the two preceding months when verifying compliance at application and renewal. In May, John experienced a depressive episode that left him unable to meet the 80 hours of work. Following adjustments to his mental health medications and with therapy, he returned to work later the same month, but still fell short of the required 80 hours for that month.

On July 1st, when John’s Medicaid renewal and verification of work compliance were due, he was deemed noncompliant because he was unable to meet the 80 hours of work requirements in May. John received a noncompliance notice from the state, and 30 days later, lost Medicaid coverage and access to mental health care. Without coverage or alternative payment options, John is unable to access his medication and treatment services, resulting in a worsening of his mental health condition.

He can reapply for Medicaid after he meets the state’s 80-hour monthly work requirements for two consecutive months.

  • Individuals with new or undiagnosed behavioral health disorders may struggle to qualify or maintain Medicaid coverage without sufficient work history or formal diagnoses. Adults experiencing sudden symptoms, such as a first episode of psychosis, may face significant difficulties navigating exemption processes quickly, particularly at the onset of a disorder, which can be confusing and difficult in itself. Additionally, many adults have undiagnosed behavioral health disorders, an issue especially common among people with substance use disorders. If enrollees are required to submit an official diagnosis to receive an exemption, individuals without an official diagnosis remain subject to work and reporting requirements, potentially leading to coverage loss if symptoms disrupt employment. Even in states that use Medicaid claims data to identify exemptions, there is typically processing time between service dates and when the visit appears in claims data, which can delay states’ identification of individuals with new diagnoses. In addition, applicants with recent employment gaps due to mental health or substance use symptoms may face additional barriers documenting compliance or exemption status at enrollment. For example, Georgia—the only state currently requiring work compliance at Medicaid application—experienced significantly lower enrollment than anticipated due to these requirements, though it did not allow any exemptions.

Being in poor health is associated with an increased risk of job loss, while access to affordable health supports obtaining and maintaining employment. Regular access to care, including mental health and substance use disorder treatment, can help stabilize behavioral health symptoms. However, disruptions or losses in coverage can interrupt treatment, exacerbating these conditions. For instance, stopping medication for opioid use disorder significantly increases mortality risk, with individuals facing a six-fold greater risk of death in the four weeks immediately following treatment discontinuation.

What Privacy and Protection Standards are in Place for Medicaid Enrollees’ Personal Data? 

Published: Jun 23, 2025

According to the Associated Press, the Trump administration recently shared the personal and health data of millions of noncitizen Medicaid enrollees living in California, Illinois, Washington, and D.C. with immigration enforcement officials, despite concerns reportedly raised by some officials from the Centers for Medicare and Medicaid Services (CMS) about violations of data privacy protections. This policy watch discusses the data privacy protections in Medicaid and the implications of breaches or violations of those protections.

State Medicaid agencies collect and maintain personal and health information for applicants and beneficiaries to determine eligibility for coverage and provide care. This information includes personal identifying data, such as names, birth dates, and contact information; social security numbers; citizenship and immigration status; income; and health information. State Medicaid agencies cannot require applicants to provide information about the citizenship or immigration status of any family or household members not applying for coverage. Medicaid is jointly administered by the federal government and states, and states are required to share certain information with the federal government to administer the program.

Federal and state laws and regulations provide protections designed to safeguard applicant and enrollee data that limit the use and sharing of personal information for administering the program. For example, the Social Security Act and accompanying regulations require that the “the use or disclosure of information concerning applicants and beneficiaries” must be restricted to “purposes directly connected” with administering state health coverage programs and that states safeguard the information so that it is “protected against unauthorized disclosure for other purposes.” At a minimum, safeguarded information must include names and addresses, medical services provided, social and economic circumstances, agency evaluation of personal information, medical data, information for verifying eligibility and medical assistance payments, social security numbers, and any information received in connection with identification of legally liable third party resources. Consistent with these laws and regulations, prior guidance issued in 2013 clarified that Immigration and Customs Enforcement does not use these data to pursue civil immigration enforcement. Medicaid data are also subject to Health Insurance Portability and Accountability Act (HIPAA) standards that protect sensitive health information from disclosure without a patient’s consent. Some states also have their own data privacy laws that apply to Medicaid data.

Federal regulations also require states to publicize the confidential nature of information applicants and beneficiaries submit to them. Reflecting this requirement, many states have information on their websites specifying that data shared with the Medicaid agency will be protected. For example, the California Department of Health Care Services notes that, “When someone applies for state-funded benefits, their information is only used to determine if they qualify. State laws protect the privacy of their information.” Similarly, the Illinois Healthcare and Family Services indicates that, “Information you put on a Medicaid application will NOT be shared with U.S. Immigration and Customs Enforcement for any purpose.”

Breaches or sharing of Medicaid enrollees’ information for purposes other than the provision of health coverage and care pose risks for individuals and may jeopardize confidence in the security of data held by agencies. For example, data breaches may lead to identify theft and subsequent financial losses for individuals. Sharing of data with other entities for purposes other than administering the program without authorization may violate the privacy of individuals’ information and pose other risks. Specifically, the sharing of data with immigration enforcement officials may make individuals easier to identify for enforcement activity. Data breaches and/or privacy violations may also make individuals more reluctant to submit information to Medicaid agencies, particularly those who have immigration-related fears, which could contribute to individuals or their children going without coverage even if they are eligible.

Senate Finance Language Would Further Cut Federal Spending for Medicaid Expansion States

Published: Jun 20, 2025

Note: KFF’s analysis was updated on July 1, 2025 to include Wisconsin in the allocation of spending reductions due to the work requirement provision and to include Delaware in the allocation of spending reductions due to changes in state-directed payments (see KFF’s analysis of the House-passed bill for more information).

The House passed budget reconciliation package, the One Big Beautiful Bill Act, is estimated to reduce federal Medicaid spending by $793 billion, decrease Medicaid enrollment by 10.3 million people, and increase the number of uninsured people by 7.8 million. While the debate has not centered on repeal and replace of the Affordable Care Act (ACA) like the debate in 2017, several provisions in the House-passed reconciliation bill specifically target states that have adopted the ACA Medicaid expansion in various ways. Additionally, the bill would make substantial changes to how the ACA marketplaces function, and allowing enhanced ACA premium tax credits to expire would result in 4.2 million more people uninsured, according to the Congressional Budget Office (CBO). Prior KFF analysis allocated CBO’s federal Medicaid spending reductions and enrollment losses across the states, and this policy watch builds on that analysis to examine the potential impacts in expansion states compared with non-expansion states.

Provisions that would only apply to states that have adopted the ACA expansion account for roughly half ($427 billion) of the total amount of federal spending reductions in the House-passed reconciliation bill (Figure 1). These provisions include mandating that adults who are eligible for Medicaid through the ACA expansion meet work and reporting requirements ($344 billion), increasing the frequency of eligibility redeterminations for the ACA expansion group ($64 billion), imposing a federal match rate penalty for states that have expanded coverage for immigrants using state-only funds ($11 billion), and requiring additional cost-sharing for some expansion enrollees ($8 billion).

Provisions That Only Apply to ACA Expansion States Account for Roughly Half of the Potential Federal Medicaid Cuts in the House Reconciliation Bill

Expansion states would experience larger federal spending reductions and enrollment losses under the House-passed reconciliation bill (Figure 2). Prior KFF analysis found that federal cuts to states in the House-passed reconciliation bill would represent 12% of federal spending on Medicaid over a 10-year period and 12% of projected enrollment by FY 2034, though the shares varied by state. Expansion states would be disproportionately impacted, with federal spending cuts across expansion states representing 13% of federal Medicaid spending over the period compared with 7% across non-expansion states. Estimated enrollment losses in expansion states represent 14% of projected FY 2034 enrollment compared with 5% in non-expansion states.

Medicaid Expansion States Would Experience Larger Federal Spending Reductions and Enrollment Losses Under House-Passed Reconciliation Bill

Although the CBO has not yet estimated the effects of the Senate Finance Committee’s Medicaid language, there are changes to the House bill that would amplify the effects on states that have adopted the ACA expansion. The House bill prohibited states from increasing the rate of existing provider taxes, a key source of state revenues to finance Medicaid. The Finance Committee language expanded on that provision, proposing to reduce existing provider taxes, but only in states that have adopted the ACA expansion. This change could potentially reduce federal Medicaid spending in 22 states by tens of billions or hundreds of billions of dollars. Effects on hospitals would be in addition to reductions in supplemental hospital payments made by managed care organizations. The Finance Committee language would reduce those payments across a broader set of states, but the new limit would be lower in expansion states than in non-expansion states (100% and 110% of Medicare respectively). The Finance Committee language also includes a new provision to limit federal matching payments for Emergency Medicaid for individuals who would otherwise be eligible for expansion coverage except for their immigration status as well as makes changes to the federal work requirement for ACA expansion enrollees. These changes apply to expansion states only and will likely increase the total cuts that apply to ACA expansion states alone, which reached $427 billion in the House-passed bill. It is possible that new estimates of federal Medicaid cuts to ACA expansion states alone would be in the range of prior KFF estimates of federal spending reductions from eliminating the enhanced federal match rate for ACA Medicaid expansion ($626 billion).

The Public and Health (Mis)information: What Polling Tells Us about Where We’ve Been and Where We Might Be Going

Published: Jun 20, 2025

In this research article released online by The Journal of Health Policy, Politics and Law, KFF’s Elizabeth Hamel, Alex Montero and Mollyann Brodie reflect on 30 years of public opinion data to offer perspectives on how the public accesses, evaluates, and uses health information, and what recent trends may suggest about the future of the health information (and misinformation) environment. The article examines public knowledge gaps on health and the role of partisanship in national health debates, how sources of health information have changed over time, declines in trust of information from government health agencies, and the current era of health information, including widespread uncertainty among the public and increasing use of social media and emergent technologies.

What are the Implications of the Skrmetti Ruling for Minors’ Access to Gender Affirming Care?

Published: Jun 18, 2025

On June 18, 2025, the U.S. Supreme Court ruled (6-3) in United States v. Skrmetti, upholding the lower court’s ruling that a Tennessee law (SB1) banning gender affirming care for minors does not violate the U.S Constitution’s 14th amendment equal protection clause. The Tennessee law, along with other states’ laws restricting gender affirming care, may stand. Access to gender affirming care in states without bans is not impacted by this decision.

As explained in the KFF brief, What to Know Ahead of the Supreme Court Case on Youth Access to Gender Affirming Care, the Supreme Court granted review for Skrmetti to resolve a split among circuits, and the ongoing questions about the constitutionality of these bans (see that brief for more background on the case). The question the Court considered was whether Tennessee’s ban on gender affirming care for minors violates the Equal Protection Clause of the Fourteenth Amendment. Embedded in its assessment, the Court considered whether the law results in sex-based classification and therefore should be reviewed with “heightened scrutiny” – that is, to show that the law is substantially related to achieving an important government objective – as opposed to the looser standard of “rational basis,” which only requires the state to show the law has a rational relation to the state’s legitimate objective.

What did the Court decide?

The Court found that because the Tennessee law classifies people based on age and medical diagnosis, it therefore does not discriminate on the basis of sex or transgender status and as such does not trigger heightened scrutiny and does not violate Constitutional Equal Protections guarantees. “SB1 satisfies rational basis review. Under that standard, the Court will uphold a statutory classification so long as there is “any reasonably conceivable state of facts that could provide a rational basis for the classification.”

Justice Sotomayor dissented, joined by Justice Jackson stating that because SB 1 does classify individuals based on sex, the Court should use heightened scrutiny, and SB 1 would fail under heightened scrutiny. Justice Kagan joined most parts of Justice Sotomayor’s decision except she filed a separate dissent to clarify she has no conclusion about whether SB 1 would satisfy heightened scrutiny.

What is the impact?

The result of the Court’s ruling means that most of the bans on gender-affirming care enacted by other states may stand as well. As of June 2025, 27 states that have enacted gender affirming care bans for minors. Bans in 25 states remain in place as a result of the ruling. Bans in Montana and Arkansas are currently permanently blocked by court order. The challenge in Montana relates to the state constitution and not federal law, and is therefore not directly impacted by the decision and the law remains blocked. A federal court blocked the Arkansas law, finding it unconstitutional based on both the Equal Protection and Due Process clauses. The Due Process claim was brought by parents stating the law took away their ability to make decisions regarding their child’s healthcare. This injunction remains in place given its basis on Due Process claims. The bans in Arizona and New Hampshire restrict only surgical care, which was not at issue before the Supreme Court, and remain in effect. Ultimately, this case leaves the patchwork of access to gender affirming care for young people in the United States in place. If a minor lived in a state without access before the decision, that access remains barred. If a minor had access to gender affirming care prior to the decision, that access remains.

There was some question as to whether the Court would apply the reasoning in Bostock, an earlier case which found that in the employment setting, sex discrimination protections apply to gender identity and sexual orientation in hiring and firing. But the Court did not do so, stating, “The Court declines to address whether Bostock’s reasoning reaches beyond the Title VII [employment] context—unlike the employment discrimination at issue in Bostock, changing a minor’s sex or transgender status does not alter the application of SB1.”

Notably, the Supreme Court heard this case narrowly on the basis of Equal Protection claims and many cases challenging state laws have been argued on multiple other grounds (including this case at the district and appellate courts). As noted, a federal district court has permanently blocked a similar ban on gender affirming care for minors in Arkansas, finding the ban violates the due process rights of parents of transgender minors. It is likely that additional cases will be filed against other state bans on due process grounds, and ultimately the Supreme Court could review a case in a future term raising 14th Amendment Due Process, Section 1557 (the Affordable Care Act’s major non-discrimination protections), or other claims. Additionally, as noted, the Montana Supreme Court has blocked its state ban on gender affirming care for minors based on provisions in the state constitution. Litigation challenging gender affirming care based on provisions in state constitutions will also continue in state courts, , and will likely result in varying interpretations of state constitutional protections for transgender minors.

25 State Laws that Prohibit Minor Access to Gender Affirming Care Remain in Place

As a result of the decision, minors across the US will continue to see their access to gender affirming care determined at least in part based on where they live. However, access to these services is being debated in venues beyond the judiciary, including in Congress and by the Trump Administration. The Trump Administration has taken a range of actions aimed at limiting access to gender affirming care, especially for minors and Congress too has taken up the issue. The reconciliation bill still being finalized includes a prohibition on Medicaid covering gender affirming care in Senate and House-passed versions. These efforts will likely face, and some cases already have faced, litigation. While the ruling on this case is quite limited (narrowly focused on equal protection claims and Tennessee’s ban), it could have some bearing on the outcome of future challenges.