Biden Administration Reverses Trump-Era Policy on Gay and Transgender Health Care Rights

Strategic Insights -

President Joe Biden's administration has declared that federal laws protecting against sex discrimination in healthcare also safeguard gay and transgender people, reversing a 2019 Trump-era policy that narrowed rights. The policy announcement by the Department of Health and Human Services comes as part of Biden's broader efforts to advance the rights of gay and transgender people across society, from military service to housing and employment opportunities.

Key Takeaways:

  • The Biden administration's policy change reaffirms that federal laws against sex discrimination in healthcare protect gay and transgender people, reversing the Trump-era policy that narrowed rights.
  • The policy change was made in alignment with a landmark 2020 Supreme Court decision that established federal laws against sex discrimination on the job also shielded gay and transgender people.
  • Hospitals, clinics, and other medical providers can face denial of Medicare and Medicaid payments for violating the law, with the HHS Office for Civil Rights now investigating complaints of sex discrimination on the basis of sexual orientation and gender identity.
  • The Obama-era rule interpreted the Affordable Care Act as shielding gay and transgender people from discrimination in healthcare, a stance the Biden administration has reinstated.
  • LGBTQ groups advocate for explicit protections for people seeking gender transition treatment and transgender people needing care for illnesses like diabetes or heart problems.
  • Conservative critics argue the policy change could force doctors to perform gender reassignment procedures against their professional judgment, with some warning of potential lawsuits.

Statistics:

  • Over 1.5 million Americans identify as transgender, according to the Williams Institute, a think tank focusing on LGBT policy at the UCLA School of Law.
  • 4.5 percent of the population, or around 14 million people, identify as lesbian, gay, bisexual, or transgender, according to Gallup.
  • The Biden administration's policy change reinstates a policy established during the Obama years, prior to the Trump-era rule change.

Sources:

  • Williams Institute, a think tank focusing on LGBT policy at the UCLA School of Law
  • Gallup
  • Department of Health and Human Services
  • American Medical Association
  • Ethics and Public Policy Center think tank
  • Lambda Legal
  • Family Research Council