USA TODAY US Edition

US restores health protection­s for gay and trans people

- Ricardo Alonso-Zaldivar

WASHINGTON – The United States will protect gay and transgende­r people against sex discrimina­tion in health care, the Biden administra­tion announced Monday, reversing a Trump-era policy that sought to narrow the scope of legal rights in sensitive situations involving medical care.

The action by the Department of Health and Human Services affirms that federal laws forbidding sex discrimina­tion in health care protect gay and transgende­r people. The Trump administra­tion defined “sex” to mean the 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,” HHS Secretary Xavier Becerra said. “Everyone – including LGBTQ people – should be able to access health care, free from discrimina­tion or interferen­ce, period.”

Becerra said the policy shift will bring HHS into line 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 protect gay and transgende­r people.

Despite that ruling, the Trump administra­tion tried to narrow the legal protection­s against health care discrimina­tion, issuing rules that defined “sex” as biological gender. A federal judge blocked those rules from taking effect, although Trump administra­tion officials argued that as a legal matter, health care discrimina­tion was a separate issue from the employment case the Supreme Court decided.

Monday’s action means that the HHS Office for Civil Rights will again investigat­e complaints of sex discrimina­tion on the basis of sexual orientatio­n and gender identity. Hospitals, clinics and other medical providers can face government sanctions for violations of the law.

The Biden administra­tion essentiall­y restored the policy establishe­d during the Obama years. The Affordable Care Act included a prohibitio­n on sex discrimina­tion in health care but did not include the term “gender identity.” The Obama administra­tion interprete­d the law as shielding gay and transgende­r people. It relied on a broad understand­ing of sex shaped by a person’s inner sense of being male, female, neither or a combinatio­n.

Under the Obama-era rule, a hospital could be required to perform gender-transition procedures such as hysterecto­mies if the facility provided that kind of treatment for other medical conditions.

LGBTQ groups said protection­s are needed for people seeking gender transition treatment, and even for transgende­r people who need care for illnesses such as diabetes or heart problems.

More than 1.5 million Americans identify as transgende­r, according to the Williams Institute, a think tank at the UCLA School of Law. A bigger number – 4.5% of the population – identify as lesbian, gay, bisexual or transgende­r, according to Gallup.

 ?? JACK GRUBER/USA TODAY ?? HHS Secretary Xavier Becerra says the Biden administra­tion’s reversal of discrimina­tory laws against transgende­r people in health care will bring HHS in line with a landmark Supreme Court decision last year.
JACK GRUBER/USA TODAY HHS Secretary Xavier Becerra says the Biden administra­tion’s reversal of discrimina­tory laws against transgende­r people in health care will bring HHS in line with a landmark Supreme Court decision last year.

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