In late April, the Health and Human Services Department finalized a rule prohibiting discrimination based on sexual orientation and gender identity, reversing a Trump-era policy.
NYT: Biden Administration Restores Health Protections for Gay and Transgender People
The Biden administration announced expansive new protections on Friday for gay and transgender medical patients, prohibiting federally funded health providers and insurers from discriminating on the basis of sexual orientation and gender identity.
The new rule reverses a policy instituted by the Trump administration and helps to fulfill part of President Biden’s vow to restore civil rights protections for L.G.B.T.Q. people that were eliminated by his predecessor.
“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system. It 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 H.H.S.,” Xavier Becerra, the health and human services secretary, said in a statement.
The Advocate both gives the background of the new rule and explores its implications.
The Trump administration’s 2020 amendments redefined “sex discrimination” to exclude gender identity and sexual orientation, effectively removing explicit protections for transgender and nonbinary people under federal law. This interpretation allowed health care providers and insurers to legally deny services based on an individual’s gender identity, significantly impeding access to necessary medical care for the LGBTQ+ community.
The Biden administration’s update to Section 1557 restores and expands protections that had been rescinded. It reaffirms that discrimination “on the basis of sex” includes sexual orientation and gender identity. This change not only counters previous setbacks but also explicitly incorporates protections against discrimination based on sex characteristics and sex stereotyping, crucial for intersex and transgender individuals, respectively.
The rule also strengthens protections for people with disabilities and those with limited English proficiency, ensuring more inclusive health care access. It requires all health programs and activities that receive federal funding and health insurers to comply with these nondiscrimination requirements.
GLAAD president and CEO Sarah Kate Ellis spelled out what this change means for LGBTQ+ Americans:
“This reversal of Trump-era discriminatory rules that sought to single out Americans based on who they are and to make it difficult or impossible for them to access necessary medical care will have a direct, positive impact on the day-to-day lives of millions of people,” Ellis said in a statement. “Health care is a human right that should be accessible to all Americans equally without unfair and discriminatory restrictions. LGBTQ Americans are grateful for this step forward to combat discrimination in health care so no one is barred from lifesaving treatment.”
Is there still more work to be done? 100%! Lots more work. But Biden has done so much more than many people guessed could be done. He deserves a lot of credit. AND he deserves to be re-elected.
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