Massachusetts AG struggles to explain why she won’t sue hospitals abandoning trans kids in heated exchange

A transgender young person confronted Massachusetts Attorney General Andrea Campbell over why her office hasn’t sued hospitals denying gender-affirming care.

During an interview on Boston Public Radio before a live audience at the Boston Public Library on Tuesday, the activist expressed anger at the Democratic attorney general. The hosts then invited them to the microphone.

The activist said they were among the first group of transgender young people to meet with Campbell about shrinking access to health care after President Donald Trump’s administration threatened to withhold federal funding from institutions providing gender-affirming care to minors. They voiced frustration that although Trump’s threats began in October, Campbell did not meet with the group until April — after providers, including Baystate Health, had stopped providing services to patients.

“These hospitals are not being shown that breaking the law is going to have any consequences for them in this state and these clinics are dropping like flies,” the activist said. “Your office keeps telling us wait until it gets worse. There's nothing we can do, even though attorney generals in California and New York are taking the brave and correct stance of prosecuting hospitals for discrimination and for removing life-saving care that is protected in our shield law and is protected under public access.”

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New York Attorney General Letitia James sued the Health and Human Services Department in December over the administration’s restrictions. California Attorney General Rob Bonta sued Rady Children’s Health in January for ending services. The activist asked what would prompt Campbell to take action against Massachusetts hospitals.

Campbell defended her office and said Massachusetts has led efforts to defend transgender rights.

“We have always taken the obligation of ensuring access to those in our trans community very seriously and unapologetically. Many other states, including the Democratic AGs, have not signed onto every lawsuit that we have filed to protect access to funding and resources for this care, including when the Trump administration tried to go after these providers to say we will take away Medicare, Medicaid, or Medicare if you continue to provide gender affirming care. We have won those lawsuits, and we will continue to,” Campbell said.

She added, "We also have to make it clear that right here in Massachusetts, as of even right now and today, every single person that is choosing to get gender-affirming care or any type of health care is still eligible to do so here in Massachusetts. It is still legal. It is still lawful because of our advocacy and the advocacy of you, hospitals, community-based providers.”

She said her office was not prepared to sue Massachusetts hospitals but was working directly with James and Bonta on strategies for protecting care. Massachusetts also joined an August multistate lawsuit filed in federal court against the administration over its efforts to restrict gender-affirming care for minors.

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Campbell argued that Massachusetts hospitals are struggling to survive while the administration threatens Medicare and Medicaid funding for services extending far beyond gender-affirming care. She said she believes the administration would welcome Democratic officials targeting hospitals that historically provided such care as part of an effort to divide the transgender community’s allies.

“So, I do not think we're at a stage now where I should be prosecuting a community-based health organization or a children's hospital or others who are doing the best they can. What I do think we can do is tell them what their legal rights and obligations are, which we have. And many of these providers will come back online because of our advocacy.”

Campbell’s office pointed The Advocate to a legal advisory it published. Although three healthcare institutions have stopped directly providing gender-affirming hormone therapy and puberty blockers to minors, the office said it knew of no patients who had lost access to care as a result.

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“I know this is an incredibly difficult and frightening time for transgender people. While we may not agree with Protect Trans Futures on the best legal strategy in every instance, my office and I are fully committed to doing everything we can to champion the civil rights of transgender people and protect access to gender-affirming care,” Campbell said.

“My office is and has been actively engaged with patients, families, advocates, and providers to understand what is happening and ensure ongoing access to care. At the same time, we are taking the Trump Administration head-on in court, challenging its unlawful efforts to restrict this care. If anyone in Massachusetts is having difficulty accessing care, I encourage them to reach out to my office, where their privacy will be respected.”

Campbell’s office added that although Protect Trans Futures has called for states to bring public accommodations lawsuits, no state attorney general has taken the kind of action the organization is seeking.

Watch the heated confrontation below.

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