The Biden administration has announced a momentous step in civil rights, finalizing rules that protect gay and transgender individuals from discrimination in health care settings. This pivotal move reestablishes safeguards stripped during the Trump era and aligns with the current administration’s commitment to health equity and LGBTQ+ rights.
HHS Secretary Xavier Becerra heralded this advancement, stating, “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.” The protections, based on Section 1557 of the Affordable Care Act, which bars “discrimination on the basis of race, color, national origin, sex, age or disability in specified health programs or activities.”
The backdrop of this progressive rule is a contentious landscape where over 20 states have sought to restrict access to gender-affirming care for transgender youth. The 2020 statement from Trump administration that “HHS will enforce Section 1557 by returning to the government’s interpretation of sex discrimination according to the plain meaning of the word ‘sex’ as male or female and as determined by biology,” . LGBTQ+ advocates and human rights organizations were alarmed that such policies could lead to the denial of care or coverage for transgender patients as well as women who have had abortions.
However, the Biden administration’s guidelines clarify that federal protections for religious freedom and conscience remain in place, ensuring that healthcare providers will not be compelled to participate in procedures conflicting with their sincerely-held beliefs. “Section 1557 is critical to making sure that people in all communities have a right to access health care free from discrimination, ” Office for Civil Rights Director Melanie Fontes Rainer said. “Today’s rule exemplifies the Biden-Harris Administration’s ongoing commitment to health equity and patient rights.”
The rule’s restoration was met with applause from human rights and LGBTQ+ advocacy groups. Kelley Robinson, President of the Human Rights Campaign, praised the regulation as a “crucial step forward by the Biden-Harris administration in the fight for complete health equity for LGBTQ+ Americans.”
Relevant articles:
– Biden administration restores protections for gay and transgender Americans seeking health care, CNN, Sat, 27 Apr 2024 16:45:00 GMT
– Biden administration strengthens healthcare protections for gay and transgender people, Washington Examiner, Sat, 27 Apr 2024 03:08:14 GMT
– White House bolsters transgender health protections, rolls back Trump admin rule, The Hill, Fri, 26 Apr 2024 22:00:00 GMT