The Biden government announced Monday that health care providers cannot discriminate against transgender people. This is the latest step in President Biden’s efforts to restore civil rights protection to LGBTQ people who were eliminated by his predecessor.
Under the new directive, the Department of Health and Human Services will once again ban discrimination based on sexual orientation and gender identity by health organizations that receive federal funding.
The move will reverse a policy passed by HHS under President Donald J. Trump that the anti-discrimination provisions of the Affordable Care Act 2010 do not apply to transgender people. This move was welcomed by the social conservatives and sharply criticized by supporters of homosexual rights.
“Fear of discrimination can lead people to forego care, which can have serious negative health consequences,” said Xavier Becerra, Minister of Health for Mr Biden, in a statement. “It is the position of the Department of Health and Human Services that everyone – including LGBTQ people – should have access to medical care that is free from discrimination or interference.”
The move is part of a broader effort by the President to include lesbians, gays, bisexuals, transgender, queer and respondents – and especially transgender people – in protection against discrimination. In his first address at a joint congressional session last month, Mr. Biden pledged his support for the Gender Equality Act, which would expand civil rights laws to include sexual orientation and gender identity.
“To all the transgender Americans who watch at home, especially the young people, you are so brave,” Biden said in his speech. “I want you to know your president has your back.”
Administrative officials said the new policy was based on a Supreme Court ruling last summer in which judges said civil rights laws protect LGBTQ workers from discrimination in the workplace.
The health department’s new approach doesn’t cover employment, but officials cited the Supreme Court’s decision as support for the change. They said the department’s civil rights office would interpret the anti-discrimination provisions of the Affordable Care Act to mean that “(1) discrimination based on sexual orientation; and (2) gender identity discrimination. “
The new interpretation applies to “covered health programs or activities” that include doctors, hospitals and other health organizations that receive public funding.
“Our department’s mission is to improve the health and wellbeing of all Americans, regardless of their gender identity or sexual orientation,” said Dr. Rachel Levine, the division’s assistant health secretary and the senior transgender officer in the Biden administration.
“All people need access to health services to repair a broken bone, protect their heart health, and check for cancer risk,” she said. “Nobody should be discriminated against when seeking medical services because they are who they are.”
