The Department of Health and Human Services issued a final rule under Section 1557 of the Affordable Care Act, which extended the prohibition of sex discrimination to include also sexual orientation and gender identity. Under the Trump administration, the ACA prohibited discrimination on the basis of race, color, national origin, sex, age, and disability, but the definition of sex was meant to only mean “biological sex.
“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system, 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,” said HHS Secretary Xavier Becerra.
The new ruling comes at a time when 24 states have enacted laws that ban or restrict gender reassignment procedures for children. Advocates for transgender people feared that previous policies under the Trump administration made it easy for hospitals, doctors, and insurance companies to deny care or coverage to patients that were transgender.
“Section 1557 is critical to making sure that people in all communities have a right to access health care free from discrimination, ” Office for Civil Rights Director Melanie Fontes Rainer said. “Today’s rule exemplifies the Biden-Harris Administration’s ongoing commitment to health equity and patient rights.
The new ruling also found that Medicare Part B payments will be considered a form of federal financial assistance. This ensures that healthcare providers receiving Part B funds are prohibited from discriminating on “the basis of race, color, national origin, age, sex, and disability.”
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