Attorney General Phil Weiser filed his 49th lawsuit against the Trump administration December 23. His press release claims Health Secretary Robert F. Kennedy Jr.’s declaration “threatens to bankrupt hospitals and providers” and “falsely claims” gender-affirming care is unsafe. The declaration does not threaten to bankrupt anyone. It refuses federal payment for procedures Kennedy says fail to meet professional standards of care.
Weiser’s December 24 press release calls Kennedy’s declaration a “blatant abuse of power” that threatens doctors, hospitals, and clinics from participating in Medicare and Medicaid programs. “Gender-affirming care is legally protected in Colorado, and upending it would harm transgender Coloradans who depend on it,” Weiser stated.
Kennedy’s declaration does not upend Colorado’s legal protections. The federal government normally reimburses 60% of Colorado’s Medicaid costs. Kennedy’s December 18 declaration states the federal government will not reimburse states for puberty blockers, hormone therapy, or surgeries provided to patients under 18. The declaration prohibits billing the federal government. It does not prohibit providing the care. Colorado can pay for it with state funds.
Colorado Revised Statutes require the coverage. The complaint Weiser joined admits patients are “statutorily guaranteed coverage” under state law. Colorado guaranteed the coverage. Colorado did not guarantee federal payment for it.
Kennedy’s declaration does not threaten to bankrupt hospitals. Hospitals can continue providing gender-affirming care to minors. They can bill patients directly and accept private insurance. They cannot bill Medicare or Medicaid. No Colorado hospital depends solely on Medicaid reimbursement for gender-affirming care to stay solvent.
Medicare and Medicaid are federal payment programs. The federal government decides what procedures it will pay for. Kennedy cited federal authority to exclude providers who furnish care “of a quality which fails to meet professionally recognized standards of health care.” The declaration states procedures for minors “are neither safe nor effective.” HHS released a peer-reviewed report in May 2025 revised in November 2025 as the basis.
The federal government is not controlling medical practice. The federal government is refusing to pay for it.
The Colorado legislature appropriated $4 million in 2025 to support lawsuits challenging federal actions. That money pays lawyers to argue the federal government should reimburse Colorado’s Medicaid costs. It does not pay for medical care Colorado law requires. Colorado could spend that $4 million providing the care its law guarantees. Colorado chose litigation instead.
Weiser announced his candidacy for governor July 21. Polling shows him trailing U.S. Senator Michael Bennet by 17 points in the Democratic primary. His campaign website emphasizes lawsuits against the Trump administration. By November he had filed 43 lawsuits. By December 16 the count reached 47. The gender-affirming care lawsuit filed December 24 is the 49th.
New York Attorney General Letitia James leads the coalition of 19 state attorneys general plus Pennsylvania Governor Josh Shapiro challenging Kennedy’s declaration. Colorado joined the lawsuit. Colorado did not initiate it.
Colorado faces a $1.2 billion budget shortfall. The legislature cut $71.4 million from the multimodal transportation fund. It eliminated the $28.8 million Electrifying School Buses Grant Fund entirely. It eliminated the $13 million State Employee Reserve Fund. The same budget appropriated $4 million for lawsuits.
Weiser hired three lawyers in May to handle Trump administration litigation. His 48 prior lawsuits produced 21 preliminary injunctions subject to appeal. Former Colorado Attorney General John Suthers cautioned that “Weiser’s win-loss record may shift as rulings in U.S. District Courts get appealed to Circuit Courts and the Supreme Court.”
Weiser campaigns for governor trailing by 17 points. He joined a lawsuit claiming Kennedy threatens to bankrupt hospitals that can bill patients directly and accept private insurance. He claims Kennedy harms Coloradans who depend on care that Colorado law guarantees. He claims Kennedy abuses power by refusing to pay for procedures the federal government determines are unsafe and ineffective.
Colorado passed laws requiring coverage. Colorado is suing to force federal payment for those laws. Colorado appropriated $4 million for lawyers to demand federal reimbursement. Colorado appropriated $0 to provide the care its laws require.
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