The Biden administration recently announced a significant rule change aimed at enhancing protections against discrimination for gay and transgender individuals seeking medical care. This move marks a reversal of restrictions put in place during the Trump administration that eliminated federal health safeguards for LGBTQ+ community members.
The Department of Health and Human Services unveiled a comprehensive set of new rules designed to bolster civil rights protections for patients. These rules prohibit health providers and insurers receiving federal funding from discriminating against individuals seeking care based on gender identity or sexual orientation. The new regulations reinstate protections for transgender patients that were rescinded by the Trump administration in 2020, drawing criticism from LGBTQ+ advocacy and human rights organizations.
HHS Secretary Xavier Becerra hailed the new rule as a significant step towards a more equitable and inclusive health care system. The rule empowers Americans to take action against discrimination when accessing healthcare services, engaging with health plans, or participating in HHS-run health programs.
The rule change comes at a time when access to gender-affirming care for transgender youth has become a contentious issue. Over 20 states have attempted to restrict youth access to such care, leading to legal battles and calls for Supreme Court intervention.
The rule is based on Section 1557 of the Affordable Care Act, which prohibits discrimination in health programs or activities based on various factors, including sex and gender identity. While the new guidelines protect LGBTQ+ patients from discrimination, exemptions based on healthcare providers' religious beliefs remain in place.
The Biden administration's commitment to protecting transgender Americans from health care discrimination has been evident through its actions to reinforce Section 1557 and Title IX regulations. The recent expansion of civil rights protections has been widely praised by human rights and LGBTQ+ advocacy groups, with many lauding it as a crucial step towards achieving complete health equity for LGBTQ+ Americans.
This move ensures that countless Americans can access the healthcare they need without fear of being turned away due to their gender identity or sexual orientation.
