The Biden administration has taken a significant stride in advancing the rights and protections for LGBTQ+ Americans by reinstating crucial healthcare protections that had been previously curtailed. The Department of Health and Human Services (HHS) has released new regulations under Section 1557 of the Patient Protection and Affordable Care Act (ACA), reinforcing non-discrimination in healthcare for LGBTQ+ individuals and other vulnerable populations.
This move has been met with widespread approval from advocacy groups and legal experts who see this as not only a restoration of the Obama-era guidelines but also as a step forward in ensuring equal access to healthcare based on gender identity and sexual orientation. These regulations come in light of previous policies under the Trump administration, which had narrowed the scope of protections against discrimination, sparking legal challenges and public outcry.
Lambda Legal’s Counsel and Health Care Strategist Omar Gonzalez-Pagan celebrated the new rule, stating, “Healthcare is a fundamental human right. The rule released today restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law.”
The consequences of the Trump administration’s rollbacks were not inconsequential; they had dramatically reduced the number of healthcare entities and health plans subject to non-discrimination rules and limited remedies for those facing health disparities. The Biden administration’s reversal of these actions signifies a broader understanding and enforcement of Section 1557’s prohibitions on sex discrimination, including discrimination based on sexual orientation and gender identity.
HHS Secretary Xavier Becerra emphasized the significance of the new rule, saying, “Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system, and means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS.”
It is important to note that while the new rules support inclusivity, they still honor exemptions based on healthcare providers’ religious beliefs. However, the intention is not to mandate specific services but to prohibit sex discrimination in general, as a means to improve health outcomes for the LGBTQ+ community and fulfill the ACA’s mandate to eliminate unreasonable barriers to care.
The reinstated rules, influenced by the Supreme Court’s 2020 Bostock v. Clayton County decision affirming that LGBTQ+ individuals are protected from employment discrimination under Title VII, convey a clear message: Discrimination against individuals who do not conform to stereotypical gender presentations will not be tolerated in healthcare settings.
This decision comes at a crucial time as states have enacted laws limiting gender-affirming care for minors, prompting lawsuits and calls for federal guidance on the matter. The Biden administration’s new rule clarifies federal stance and aims to provide a safeguard against such discriminatory state-level actions.
Advocacy groups have expressed their support and relief, with Kellan Baker, executive director of Whitman-Walker Institute, asserting that the rule makes clear “that no one should be denied access to health care or health insurance coverage because of their sexual orientation or gender identity.”
Relevant articles:
– Biden administration reinstates LGBTQ+ protections in health care, washingtonpost.com, 04/28/2024
– Biden administration restores protections for gay and transgender Americans seeking health care, CNN, Sat, 27 Apr 2024 16:45:00 GMT
– LGBTQ Health Care Bias Protections Get HHS Green Light (1), Bloomberg Law, Fri, 26 Apr 2024 20:39:00 GMT
– Affordable Care Act Revised Protections, OUTTAKE VOICES, Sat, 27 Apr 2024 12:08:20 GMT