On April 29, the Department of Health and Human Services (HHS) published a final rule under Section 1557, the core nondiscrimination provision of the Affordable Care Act, protecting access to vital healthcare and health insurance coverage for LGBTQIA+ people nationwide.
“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system and means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS,” says Secretary Xavier Becerra. “I am very proud that our Office for Civil Rights is standing up against discrimination, no matter who you are, who you love, your faith, or where you live. Once again, we are reminding Americans we have your back.”
“Traveling across the country, I have heard too many stories of people facing discrimination in their healthcare. The robust protections of 1557 are needed now more than ever. Whether it’s standing up for LGBTQI+ Americans nationwide, making sure that care is more accessible for people with disabilities or immigrant communities, or protecting patients when using AI in health care, OCR protects Americans’ rights.”
Over recent history, research shows that LGBTQIA+ people continue to face widespread discrimination in health insurance and healthcare settings: Over 53% of LGBTQIA+ Coloradans reported that the fear of staff treating them differently is a barrier to seeking care, according to a survey by Colorado One in 2018. Nearly 50% of respondents had at least one negative healthcare experience because of their gender identity, according to the 2022 U.S Trans Survey.
This new ruling reverses the Trump administration’s harmful push to that sought to eliminate federal nondiscrimination protections in healthcare for LGBTQIA+ people. The previous discrimination allowed many to be refused basic healthcare such as checkups.
“Under the new rule, a transgender person could, for example, be refused care for a checkup at a doctor’s office,” says Lindsey Dawson, associate director of HIV policy at the Kaiser Family Foundation. Other possible scenarios include a transgender man being denied treatment for ovarian cancer, or a hysterectomy not being covered by an insurer.
But the work is far from over; we are not yet at a point where your identity no longer impacts your healthcare outcomes. Being able to vote and letting queer voices be heard helps us progress our rights.
