In a groundbreaking move, the Biden administration has announced new rules aimed at expanding protections for gay and transgender Americans seeking medical care. The Department of Health and Human Services unveiled a set of comprehensive regulations that prohibit health providers and insurers receiving federal funding from discriminating against individuals based on their gender identity or sexual orientation.
This rule marks a significant reversal of the Trump-era limitations that stripped federal health protections for LGBTQ+ individuals. The HHS rule restores crucial protections for transgender patients that were rolled back in 2020, drawing condemnation from LGBTQ+ advocacy and human rights organizations.
HHS Secretary Xavier Becerra hailed the new rule as a major step towards a more equitable and inclusive healthcare system, giving Americans clear rights against discrimination when seeking medical care. The rule comes at a time when access to gender-affirming care for transgender youth is under political scrutiny, with over 20 states attempting to restrict such care.
The rule is based on Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of various factors, including sex and gender identity. While exemptions based on religious beliefs of healthcare providers still apply, the new guidelines ensure that LGBTQ+ patients are protected from discrimination.
Human rights and LGBTQ+ advocacy groups have praised the Biden administration’s move, with the Human Rights Campaign President calling it a crucial step forward in the fight for health equity for LGBTQ+ Americans. This expansion of civil rights protections has been welcomed as a significant victory for the LGBTQ+ community in their ongoing battle for equality in healthcare.