Biden administration reinstates health care protections for LGBTQ+ people in “giant step forward”

The Biden administration has reinstated Obama-era health care protections for LGBTQ+ people that were rescinded under the Trump administration.

On Friday, the Department of Health and Human Services (HHS) issued a rule declaring that the Affordable Care Act’s ban on sex-based discrimination in Section 1557 applies to LGBTQ+ people.

Related:

This children’s book about where babies come from is a queer parent’s dream

One person called the book a “revolution.”

The Obama administration’s interpretation of the rule also barred anti-LGBTQ+ discrimination, but the Trump administration removed that stipulation as part of the many anti-LGBTQ+ policies it established while Donald Trump was president.

Stay connected to your community

Connect with the issues and events that impact your community at home and beyond by subscribing to our newsletter.

Daily

Weekly

Good News

Under the Obama administration, executive departments overall started using an interpretation of discrimination because of sex that included LGBTQ+ people based on legal arguments that were being accepted by federal courts.

But as soon as Trump came to power, his administration started to roll back these protections, based on the idea that discrimination against LGBTQ+ people has nothing to do with sex. In addition to affecting health care, this conservative legal doctrine was behind the Department of Education’s rollback of protections for transgender students, the Department of Housing and Urban Development’s moves to allow homeless shelters that get federal money to discriminate against transgender people; as well as other attacks on LGBTQ+ equality.

When President Joe Biden took office, he made it clear he would work not only to reverse the damage Trump did to LGBTQ+ rights but also to advance them even further.

“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system,” said HHS Secretary Xavier Becerra in a statement, “and 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 HHS.”

He added, “I am very proud that our Office for Civil Rights is standing up against discrimination, no matter who you are, who you love, your faith or where you live.  Once again, we are reminding Americans we have your back.”

Melanie Fontes Rainer, director of the HHS Office for Civil Rights (OCR), said the rule “exemplifies the Biden-Harris Administration’s ongoing commitment to health equity and patient rights.”

“Traveling across the country,” Rainer continued, “I have heard too many stories of people facing discrimination in their health care. The robust protections of 1557 are needed now more than ever. Whether it’s standing up for LGBTQI+ Americans nationwide, making sure that care is more accessible for people with disabilities or immigrant communities, or protecting patients when using AI in health care, OCR protects Americans’ rights.”

The new rule still declares that it “respects federal protections for religious freedom and conscience and makes clear that recipients may simply rely on those protections or seek assurance of them from HHS,” according to the press release. Religious exemptions based on a health care provider’s religious beliefs still apply.

LGBTQ+ advocates hailed the ruling.

“Ensuring nondiscrimination in medical care is key to positive health outcomes. That’s important for people who need care, but it’s also essential for communities to thrive,” Jennifer Levi of GLAD said in a statement. “At a time when politicians are banning essential transgender and reproductive health care, and as inequities in access to care persist for LGBTQ+ people, people of color, women, older adults, and people for whom English is not their first language, we commend the Department of Health and Human Services for affirming robust federal protections to ensure people can access the care they need and to support stronger, healthier communities.”

Don't forget to share: