; or (2) by any physician or other individual employed by the Federal Government, Federal land or territory, or a Tribal territory to provide health care services within the scope of the physician’s or individual’s employment, may include gender-affirming care. 304. Construction relating to separate coverage Nothing in this chapter shall be construed as prohibiting any individual, entity, or State or locality from purchasing separate coverage for gender-affirming care or health benefits coverage that includes gender-affirming care so long as such coverage is paid for entirely using only funds not authorized or appropriated by Federal law, federal programs, platforms, or infrastructure, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 305. Construction relating to the use of non-Federal funds for health coverage Nothing in this chapter shall be construed as restricting the ability of any non-Federal health benefits coverage provider from offering coverage for gender-affirming care, or the ability of a State or locality to contract separately with such a provider for such coverage, so long as only funds not authorized or appropriated by Federal law are used, such coverage does not cover any practice that would be subject to penalty under section 2260B of title 18, United States Code, and such coverage shall not be purchased using matching funds required for a federally subsidized program, including a State’s or locality’s contribution of Medicaid matching funds. 306. Construction relating to complications arising from gender-affirming care Nothing in this chapter shall be construed to apply to the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of a gender-affirming care. This rule of