Florida files lawsuit to prevent implementation of HHS rule on sex-based discrimination in healthcare

Florida Attorney General Ashley Moody, along with the Catholic Medical Association, is taking legal action against the Department of Health and Human Services over a new rule aimed at protecting LGBTQI+ patients from discrimination in healthcare. The rule, published on May 6 under Section 1557 of the Affordable Care Act, prohibits sex-based discrimination in healthcare, including discrimination based on sexual orientation, gender identity, and pregnancy-related conditions.

Moody and the Catholic Medical Association argue that the new rule would force Florida to violate state laws prohibiting hormone treatment and surgery for minors, potentially leading to funding for children’s gender transition surgeries. They claim that these medical interventions are dangerous and could render patients infertile.

The plaintiffs, which include the state of Florida, Catholic Medical Association, Florida Agency for Health Care Administration, and Florida Department of Management Services, are seeking to block enforcement of the rule through the U.S. District Court of the Middle District of Florida in Tampa.

While the Biden administration has not yet commented on the complaint, a 2022 HHS document highlights the importance of gender-affirming care for transgender and nonbinary children and adolescents. The document emphasizes that early gender-affirming care is crucial for overall health and well-being, as it can improve mental health outcomes and quality of life for gender diverse youth.

HHS has been guided by the 2020 Supreme Court ruling in Bostock v. Clayton County, which prohibits discrimination based on gender identity or sexuality. Despite this, Moody and the plaintiffs are pushing to vacate the 2024 rules and declare them “contrary to law and arbitrary and capricious.”

This legal battle underscores the ongoing efforts by the Biden administration to protect LGBTQI+ individuals in healthcare settings, particularly focusing on vulnerable populations such as LGBTQI+ youth in foster care.