The Biden administration has recently introduced a new federal rule aimed at enhancing civil rights protections for transgender and other LGBTQ individuals. This rule, announced by the Department of Health and Human Services (HHS), overturns a Trump-era regulation that had weakened 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 by entities that primarily provide health care and receive federal funding. This includes discrimination based on race, color, national origin, sex, age, or disability. The rule is enforced by the HHS Office for Civil Rights.
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 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.
The Biden administration has taken steps to reverse the Trump-era policy that undermined civil rights protections for transgender and other LGBTQ individuals in healthcare settings. In response to this decision, more than 20 states have imposed restrictions on or banned gender-affirming care for children. Additionally, over a dozen states are currently facing lawsuits over their policies regarding youth gender affirming care. The new rule aims to provide clarity and protection to those seeking healthcare services or engaging with health programs overseen by HHS.
