HHS Reverses Biden Policy, Ensures HIV Funds Cannot Be Diverted For Trans Procedures

The Department of Health and Human Services announced Friday that it is tightening rules to ensure federal HIV/AIDS funding cannot be siphoned off for so-called gender-affirming care — a practice that was permitted under President Joe Biden’s administration.

Under Biden, states were allowed to use money from the Ryan White HIV/AIDS Program to subsidize transgender surgeries, hormones, and puberty blockers. Some programs even advertised hormone coverage openly, raising concerns that funds meant to treat HIV were being redirected toward unrelated procedures.

HHS officials now say that misuse of the AIDS Drug Assistance Program (ADAP) will no longer be tolerated. “The Ryan White HIV/AIDS Program is a lifeline for thousands of Americans living with HIV, and HRSA will not allow funds to be diverted from their true purpose,” Health Resources and Services Administration Administrator Tom Engels told The Daily Wire. “Every dollar of the AIDS Drug Assistance Program must support HIV/AIDS-related treatment — not sex trait modification medications unrelated to HIV care.”

The new guidance comes in the form of a Notice of Funding Opportunity, which explicitly restricts ADAP Emergency Relief Funds to HIV/AIDS care only. If a drug — including hormones — is medically necessary for HIV treatment, it remains eligible. But HHS made clear that states may not use the money for “sex-trait modification purposes.”

The move also addresses how states handle drug rebate funds, which must stay within HIV/AIDS programs. In places like Washington, D.C., and New Jersey, federal money had been tied to gender transition treatments and funneled through the 340B rebate program. HHS now says all rebates generated must be used for Ryan White HIV/AIDS Program purposes, with priority given to ADAP.

The clarification explicitly cites federal law, reminding states that ADAP-funded drugs may only be provided “to treat HIV/AIDS or prevent the serious deterioration of health arising from HIV/AIDS.”

“This Notice of Funding Opportunity makes clear that HRSA is safeguarding program integrity and cracking down to ensure that people living with HIV get the care they need,” Engels said.