H.R. 5635 — Veterans Healthcare Equality Act of 2025

This section states congressional findings that (1) transgender veterans deserve health benefits free from discrimination, including intentional and repeated misgendering; (2) treatments for gender dysphoria are medically necessary and supported by major U.S. medical associations; (3) prohibitions on sex discrimination, including in Section 1557 of the Patient Protection and Affordable Care Act (42 U.S.C. 10822(b)), cover discrimination on the basis of gender identity; (4) despite such protections, the Department of Veterans Affairs has discriminated against transgender veterans, including by rescinding VHA Directive 1341(4) on providing health care for transgender and intersex veterans (published May 23, 2018) and phasing out gender dysphoria treatments; and (5) explicit nondiscrimination protections for transgender veterans will ensure the department provides required health care services free from discrimination.

This section establishes a prohibition against discrimination on the basis of gender identity in the Department of Veterans Affairs (VA) provision of hospital care, medical services, and extended care services to veterans (38 U.S.C. ch. 17, subch. I). Specifically, the VA Secretary (1) may not discriminate on the basis of gender identity or deny any person medically necessary treatment for gender dysphoria prescribed by a health care provider; and (2) must ensure no person is discriminated against on such basis. This section further requires (1) quarterly briefings to the House and Senate Committees on Veterans’ Affairs, beginning 90 days after enactment, on VA furnishing of such care to transgender veterans; and (2) a one-time briefing to the same committees within 90 days after enactment on implementation of the prohibition.