Houston Chronicle Sunday

Transgende­r patients have protection­s erased

- By Margot Sanger-Katz and Noah Weiland

WASHINGTON — The Trump administra­tion on Friday finalized a regulation that will erase protection­s for transgende­r patients against discrimina­tion by doctors, hospitals and health insurance companies, a move announced on the four-year anniversar­y of the massacre at a gay nightclub in Orlando, Fla., and in the middle of Pride Month.

The rule, which does not differ much from a proposed version released last year, is part of a broad Trump administra­tion effort to narrow the legal definition of sex discrimina­tion so that it does not include protection­s for transgende­r people.

The Affordable Care Act establishe­d broad civil rights protection­s in health care, barring discrimina­tion based on race, color, national origin, sex, age or disability in “any health program or activity” that receives federal financial assistance.

The Obama administra­tion interprete­d the provision about sex discrimina­tion to include discrimina­tion on the basis of “gender identity.” Under the original 2016 rule, health care providers and insurers would have been required to provide and cover medically appropriat­e treatment for transgende­r patients.

Roger Severino, director of the Office for Civil Rights at the Department of Health and Human Services, the unit responsibl­e for the rule, said Friday that the move was “equivalent to housekeepi­ng,” and that the federal government was “updating our books to reflect the legal reality” that sex discrimina­tion language does not explicitly refer to the legal status of transgende­r people.

The Obama rule has been tied up in litigation for several years, and the Trump administra­tion has declined to enforce it.

Severino said that health providers were still free to adopt their own gender identity policies, as were health insurers.

“It’s not the role of the federal bureaucrat to impose their own meanings on the words that their representa­tives have enshrined into law,” he said.

The announceme­nt prompted an outcry from the Human Rights Campaign, a prominent lesbian, gay, bisexual, transgende­r and queer advocacy group.

“We will not let this attack on our basic right to be free from discrimina­tion in health care go unchalleng­ed. We will see them in court, and continue to challenge all of our elected officials to rise up against this blatant attempt to erode critical protection­s people need and sanction discrimina­tion,” the organizati­on said in a statement.

 ?? Damian Dovarganes / Associated Press ?? Frankie Barcenas, left, shows his support for Black Lives Matter with a decorated transgende­r pride flag on the fourth anniversar­y of the Pulse massacre.
Damian Dovarganes / Associated Press Frankie Barcenas, left, shows his support for Black Lives Matter with a decorated transgende­r pride flag on the fourth anniversar­y of the Pulse massacre.

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