The Biden administration has introduced a new federal rule aimed at enhancing civil rights safeguards for transgender and LGBTQ individuals. This regulation, announced by the Department of Health and Human Services (HHS), reverses a Trump-era measure 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 grounds, including race, color, national origin, sex, age, or disability. Entities that primarily provide health care and receive federal funding must abide by these provisions. The HHS Office for Civil Rights is responsible for enforcing this rule.
According to HHS Secretary Xavier Becerra, the new rule provides Americans with clarity on how to combat discrimination when seeking healthcare services or engaging in programs overseen by HHS. It aligns with the US Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that LGBTQ individuals are entitled to protection from discrimination under Title VII of the Civil Rights Act of 1964.
The Biden administration’s move comes as more than 20 states have imposed restrictions on or banned gender-affirming care for children. In addition, over a dozen states are currently facing lawsuits over their policies related to youth gender-affirming care. The rule aims to bolster protections for these vulnerable groups while also upholding the ACA’s core principles of non-discrimination and equality in healthcare access.