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CNN
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The Biden administration on Friday will expand protections against potential discrimination for gay and transgender Americans seeking health care, reversing Trump-era restrictions that gutted federal health protections for members of the LGBTQ+ community. Announced new rules.
In a sweeping new set of rules announced by the Department of Health and Human Services, the Department of Health and Human Services will require federally funded health care providers and insurers to restrict people from seeking treatment based on their gender identity or sexuality. By prohibiting discrimination against patients, the Act moved in the direction of protecting the civil rights of patients. orientation. The HHS rule restores Obama-era protections for transgender patients that the Trump administration rolled back in 2020, a move that has been criticized by LGBTQ+ advocacy and human rights groups.
“Today's rule is a huge step forward for this country toward a more just and inclusive health care system, and will ensure that Americans across the country feel free to fight against discrimination when going to or seeking a doctor's appointment.” “It means you now have a clear way to act in accordance with your rights to develop a health plan or participate in an HHS-run health program,” HHS Secretary Xavier Becerra said in a statement Friday. mentioned in.
The final rule comes as access to gender-affirming care for transgender youth has become embroiled in political controversy, with more than 20 states seeking to restrict youth's access to such care in recent years. Announced. Conflicting decisions on state-level bans have been issued by lower courts across the country, increasing pressure for the Supreme Court to consider the issue.
The rule at issue is Section 1557 of the Affordable Care Act, which prohibits “discrimination on the basis of race, color, national origin, sex, age, or disability in certain health care programs or activities.” It is derived from In the new HHS guidelines, Section 1557's prohibition on sex discrimination includes LGBTQ+ patients and prohibits restricting access to care based on a patient's sex or gender identity assigned at birth. However, exemptions based on a health care provider's religious beliefs continue to apply.
A 2016 interpretation of the provision under President Barack Obama expanded the prohibition against sex discrimination to include gender identity, but under President Trump, HHS On the occasion of the anniversary, the company announced that it “violates certain provisions of the 2016 Interpretation Clause.” Regulations exceeding the authority delegated by Congress in Section 1557. ”
“HHS will implement Section 1557 by reverting to the government's interpretation of sex discrimination as determined by biology and the simple meaning of the word 'sex' as male or female,” the 2020 statement said. It is stated that. The move quickly ran into legal opposition from LGBTQ+ advocacy groups and was blocked by a federal judge the day before it went into effect.
In 2021, the Biden administration cited Section 1557 and Title IX regulations, citing a 2020 Supreme Court decision that affirmed that federal civil rights law prohibits discrimination against gay, lesbian, and transgender workers. announced its intention to protect transgender Americans from medical discrimination.
Friday's expansion of civil rights protections was praised by human rights and LGBTQ+ advocacy groups, with Human Rights Campaign President Kelly Robinson calling the HHS regulation “an important move by the Biden-Harris administration in the fight for full health equity for LGBTQ+ Americans.” He praised the move as a “great step forward.” ”
“I now take solace in knowing that countless Americans cannot turn away from the medical care they need just because of who they are or who they love,” she told CNN. said in a statement provided to.
CNN's Devan Cole contributed to this report.
