The Biden administration announced a new rule expanding safeguards against potential discrimination of gay and transgender Americans seeking medical care, reversing Trump-era limitations. The Department of Health and Human Services unveiled a set of rules to advance civil rights protections for patients by prohibiting discrimination based on gender identity or sexual orientation. This move restores protections for transgender patients that were rolled back by the Trump administration in 2020, garnering praise from LGBTQ+ advocacy groups.
HHS Secretary Xavier Becerra hailed the new rule as a step forward for a more equitable and inclusive health care system, giving Americans a clear way to address discrimination in healthcare settings. The rule comes amid political controversy surrounding access to gender-affirming care for transgender youth, with over 20 states attempting to restrict such care. The Supreme Court has faced increasing pressure to address conflicting rulings on state-level bans.
The new rule stems from 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 HHS guidelines clarify that sex discrimination includes LGBTQ+ patients, but exemptions based on health care providers’ religious beliefs remain. The Trump administration had narrowed the interpretation of sex discrimination, but this move was met with legal opposition and ultimately blocked.
In 2021, the Biden administration announced intentions to protect transgender Americans from health care discrimination through Section 1557 and Title IX regulations, citing a Supreme Court ruling affirming federal civil rights laws against discrimination based on sexual orientation and gender identity. The expansion of civil rights protections was welcomed by human rights and LGBTQ+ advocacy groups, with the Human Rights Campaign President praising it as a crucial step towards health equity for LGBTQ+ Americans.
Overall, the new rule announced by the Biden administration represents a significant step towards equality and inclusion in the healthcare system for gay and transgender Americans. By restoring protections for transgender patients and clarifying discrimination based on gender identity or sexual orientation, the HHS is working to ensure that all individuals have access to the care they need without facing discrimination. The move has been lauded by LGBTQ+ advocacy groups as a vital advancement in the fight for health equity and civil rights for all Americans.
