Biden Administration Takes Major Step to Bolster LGBTQ Rights Protections under the ACA

In a significant move to bolster civil rights protections for transgender and other LGBTQ individuals, the Biden administration has announced a new federal rule. The rule, introduced by the Department of Health and Human Services (HHS), reverses a Trump-era regulation that had rolled back discrimination protections based on gender identity and sexual orientation under Section 1557 of the Affordable Care Act (ACA).

Section 1557 prohibits discrimination on various factors, including race, color, national origin, sex, age, or disability. This rule applies to entities that primarily provide health care and receive federal funding. The HHS Office for Civil Rights enforces this section of the ACA.

HHS Secretary Xavier Becerra stated that the new rule provides Americans with a clear way to address discrimination when seeking healthcare services or engaging with health programs overseen by HHS. The secretary emphasized that this new policy aims to ensure equal access to healthcare for all individuals regardless of their gender identity or sexual orientation.

The rule comes at a time when over 20 states have imposed restrictions on or banned gender-affirming care for children. In addition, more than a dozen states are currently facing lawsuits over their policies regarding youth gender affirming care. The rule aligns with the US Supreme Court’s 2020 decision in Bostock v. Clayton County, which determined that LGBTQ individuals are protected from discrimination under Title VII of the Civil Rights Act of 1964.

In response to the Bostock decision, the Biden administration announced in 2021 that it would interpret the word “sex” in the ACA to include gender identity. The new rule will be enforced for health insurance plans operating through Medicare, Medicaid, or the Obamacare exchanges, including care provided under Medicare Part B such as services offered in a doctor’s office.

The introduction of this new rule is an important step towards ensuring that all individuals have access to healthcare services without fear of discrimination based on their gender identity or sexual orientation. It is crucial that we continue to work towards creating an inclusive and accepting society where everyone can live up to their full potential without any barriers in place.