The Biden administration announced new rules to expand protections against discrimination for gay and transgender Americans seeking medical care. This is a reversal of Trump-era limitations that had eliminated federal health protections for LGBTQ+ community members. The new rules unveiled by the Department of Health and Human Services aim to advance civil rights protections for patients by preventing health providers and insurers receiving federal funding from discriminating based on gender identity or sexual orientation. This move restores Obama-era protections for transgender patients that were rolled back by the Trump administration in 2020.
The finalized rule is seen as a major step towards a more equitable and inclusive healthcare system in the United States. HHS Secretary Xavier Becerra emphasized the importance of the rule in ensuring that Americans across the country have a clear way to act against discrimination when seeking medical care or engaging with health programs run by HHS. Access to gender-affirming care for transgender youth has been a contentious issue, with more than 20 states attempting to restrict such care in recent years. The Supreme Court has been under pressure to consider the matter due to conflicting rulings on state-level bans.
The new HHS guidelines are based on Section 1557 of the Affordable Care Act, which prohibits discrimination in health programs or activities based on race, color, national origin, sex, age, or disability. The guidelines clarify that this prohibition on sex discrimination includes LGBTQ+ patients and bans limiting access to care based on a patient’s sex assigned at birth or gender identity. However, exemptions based on health care providers’ religious beliefs still apply. The Trump administration had attempted to restrict these protections in 2020 by interpreting sex discrimination according to biological sex.
The 2020 interpretation by the Trump administration faced legal opposition from LGBTQ+ advocacy groups and was blocked by a federal judge before it could take effect. In 2021, the Biden administration announced its intention to protect transgender Americans from health care discrimination through Section 1557 and Title IX regulations. This decision was influenced by a 2020 Supreme Court ruling that affirmed federal civil rights law bars discrimination against gay, lesbian, and transgender workers. The expansion of civil rights protections announced on Friday was welcomed by human rights and LGBTQ+ advocacy groups.
Human Rights Campaign President Kelley Robinson commended the HHS regulation as a crucial step forward in the fight for complete health equity for LGBTQ+ Americans. The expansion of civil rights protections means that countless Americans can now find comfort in knowing that they cannot be denied essential health care services based on their identity or who they love. The Biden administration’s efforts to ensure equal access to medical care for all Americans, regardless of sexual orientation or gender identity, are seen as a positive step towards creating a more inclusive and equitable healthcare system in the country.
