Administration Takes Steps To Roll Back Protections For Transgender Patients In Move Likely To Garner Court Challenge
HHS' proposed regulation would replace a 2016 rule from the Obama administration that defined discrimination “on the basis of sex” to include gender identity. Under the provision, health care services for transgender patients and patients with a history of abortion had to be offered by hospitals and covered by patients’ health plans. The move is a part of a broader push by the administration to roll back specific protections for transgender individuals.
The Associated Press:
Administration Moves To Revoke Transgender Health Protection
The Trump administration moved Friday to revoke newly won health care discrimination protections for transgender people, the latest in a series of actions that aim to reverse gains by LGBTQ Americans in areas ranging from the military to housing and education. The Health and Human Services Department released a proposed regulation that in effect says "gender identity" is not protected under federal laws that prohibit sex discrimination in health care. It would reverse an Obama-era policy that the Trump administration already is not enforcing. (Alonso-Zaldivar, 5/24)
The New York Times:
Trump Administration Proposes Rollback Of Transgender Protections
Without the Obama-era language, health care workers would be free to object to performing procedures like gender reassignment surgery, and insurers would not be bound to cover all services for transgender customers. The new rule would fit into a broader agenda pushed by religious activists and is consistent with administration actions to limit civil rights protections for gay and transgender Americans in a variety of domains, including education, employment and housing. The Obama administration adopted the health care discrimination rule to carry out a civil rights provision of the Affordable Care Act. It prohibits discrimination based on race, color, national origin, sex, age or disability in “any health program or activity” that receives federal financial assistance. (Goodnough, Green and Sanger-Katz, 5/24)
The Wall Street Journal:
Trump Administration Moves To Roll Back Protections For Transgender Patients
The Department of Health and Human Services’ Office for Civil Rights said it was changing the policy to more closely hew to the ACA text, which doesn’t explicitly mention gender identity as a protected category in health care. “When Congress prohibited sex discrimination, it did so according to the plain meaning of the term, and we are making our regulations conform,” said Roger Severino, director of the Office for Civil Rights. The rule will likely be finalized after a 60-day public comment period. (Armour and Hackman, 5/24)
The Washington Post:
New Trump Administration Rule Would Weaken Protections For Transgender People In Health Care
Members of Congress, state governors, medical associations and civil rights groups immediately vowed to fight the proposed regulation. “It’s about the right of every American to be treated with dignity when they walk into an emergency room, meet a new doctor or find the right insurance plan. If permitted, this rule will promote ignorance and hate that no American should have to face while seeking care,” said Mara Keisling, executive director for the National Center for Transgender Equality. (Cha, 5/24)
Modern Healthcare:
HHS Rule Excludes Transgender Protections In ACA Plans, Programs
Congressional Democrats slammed the proposed rule as targeting transgender individuals. "This inhumane proposal is yet another attempt by the Trump administration to sabotage the ACA's critical patient protections and turn back the clock on Americans' healthcare rights," Reps. Frank Pallone (D-N.J.), Robert Scott (D-Va.) and Richard Neal (D-Mass.) said. (King, 5/24)
Politico:
Trump Administration Rolls Back Health Care Protections For LGBTQ Patients
"They're adding explicit religious exemptions and completely eliminating prior protections for LGBTQ people," said Katie Keith, a Georgetown University law professor. The proposal was opposed by the American Medical Association and 30 other medical groups, which warned the Trump administration that its plan would put LGBTQ patients at risk. "To reduce the cost of health care and achieve our goal of creating a healthier nation, the specific needs of LGBTQ patients must be examined and effectively addressed," the groups wrote in a letter to HHS Secretary Alex Azar. (Diamond and Pradhan, 5/24)
NPR:
Proposed Rule To Reverse Discrimination Protections For Transgender Patients
Research from the Williams Institute found that more than 780,000 transgender people live in states that lack legal protections from gender identity discrimination in public accommodations, such as health care facilities. Twenty-eight states lack such protections, according to the Williams Institute. (Kodjak and Wroth, 5/24)
Boston Globe:
Joe Kennedy III, LGBTQ Group Rip Trump Administration Proposal On Transgender Protections
Congressman Joe Kennedy III, a Newton Democrat, on Friday slammed a Trump administration proposal targeting discrimination protections for transgender people in health care. ...In the proposed rule issued Friday, the Health and Human Services Department says laws banning sex discrimination in health care don’t apply to people’s ‘‘gender identity.’’ LGBTQ groups have long warned such a move could lead to denial of needed medical care. (Andersen, 5/24)
