Biden Administration Reverses Trump-Era Policy on Health Care Discrimination

The Biden administration announced a new policy affirming that federal laws prohibiting sex discrimination in health care protect gay and transgender people, reversing a Trump-era rule that narrowed rights. This move marks the latest step in President Joe Biden's efforts to advance the rights of gay and transgender people across society, following similar actions in military service, housing, and employment opportunities. The policy change aligns with a landmark Supreme Court decision establishing that federal laws against sex discrimination also protect gay and transgender people.

Key Takeaways:

• The Department of Health and Human Services (HHS) will investigate complaints of sex discrimination on the basis of sexual orientation and gender identity.
• The policy change reverses a Trump-era rule that defined "sex" as gender assigned at birth, excluding transgender people from protection under the law.
• The HHS Office for Civil Rights will again be responsible for enforcing protections against sex discrimination in health care.
• Hospitals, clinics, and other medical providers can face denial of Medicare and Medicaid payments for violations of the law.
• The Obama administration had interpreted the Affordable Care Act as shielding gay and transgender people from sex discrimination in health care.
• Civil rights advocates argue that the Supreme Court's ruling on transgender protections essentially laid the groundwork for the Biden administration's new policy.
• Conservative lawyers warn that the policy change may lead to litigation and could force doctors to perform procedures against their professional judgment.

Statistics:

• 6-3: The margin of the Supreme Court decision in the workplace discrimination case that established federal laws against sex discrimination also protect gay and transgender people.
• 100%: The percentage of LGBTQ people who should be able to access health care, free from discrimination or interference, according to HHS Secretary Xavier Becerra.
• 1: The year in which the landmark Supreme Court decision was handed down, which established the precedent for protecting gay and transgender people.

Sources:

• Associated Press, "Biden administration reverses Trump-era policy on health care discrimination" (no date provided)
• HHS Secretary Xavier Becerra's statement (no date provided)
• American Medical Association, "AMA Commends Administration for Taking Correct Action to End Discrimination in Health Care" (no date provided)
• Supreme Court decision in the workplace discrimination case (Bostock v. Clayton County, 2020)