Biden restores transgender health protections
WASHINGTON — The federal government will protect gay and transgender people against sex discrimination in health care, the Biden administration declared Monday, reversing a Trump-era policy that narrowed rights.
It marked the latest step by President Joe Biden to advance the rights of gay and transgender people across society, from military service, to housing, to employment opportunities.
The policy announcement by the Department of Health and Human Services affirms that federal laws forbidding sex discrimination in health care also protect gay and transgender people. The Trump administration had defined “sex” to mean gender assigned at birth, thereby excluding transgender people from the law’s umbrella of protection.
“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” said HHS Secretary Xavier Becerra.
“Everyone — including LGBTQ people — should be able to access health care, free from discrimination or interference, period.”
Both opponents and supporters of Biden’s action said it’s likely to lead to litigation.
Speaking for the medical community, the American Medical Association said in a statement that the Biden administration “did the right thing” by ending “a dismal chapter in which a federal agency sought to remove civil rights protections.”
But some conservatives warned that doctors could be forced to perform gender reassignment procedures against their professional judgment.
Becerra said HHS will now be aligned with a landmark 6-3 Supreme Court decision last year in a workplace discrimination case, which established that federal laws against sex discrimination on the job also protect gay and transgender people.
In a tweet at the time, then-President Donald Trump called the decision “horrible & politically charged.” Undeterred by the ruling, his administration proceeded to try and narrow protections against discrimination in health care. But, early on in his term, Biden directed government agencies to apply the Supreme Court’s reasoning to areas under their jurisdiction.
Monday’s action means the HHS Office for Civil Rights will again investigate complaints of sex discrimination on the basis of orientation and gender identity. Hospitals, clinics and other medical providers can face denial of Medicare and Medicaid payments for violations of the law.