The proposed regulation, released by the Department of Health and Human Services (HHS) on Friday, would basically allow health care providers, hospitals and insurers to discriminate against transgender patients. This would come about after the HHS rewrites an Obamacare rule that exists to provide protection.
The Associated Press is reporting that the proposed regulation says “gender identity” is not protected under federal laws that prohibit sex discrimination in health care, adding that in effect, it’s just another of the Obama-era policies that the Trump administration already is not enforcing.
“The actions today are part and parcel of this administration’s efforts to erase LGBTQ people from federal regulations and to undermine nondiscrimination protections across the board,” said Omar Gonzalez-Pagan, a senior attorney on health care at Lambda Legal, a civil rights organization representing LGBT people.
PBS is reporting that an HHS official overseeing the rewriting of the regulation said that transgender patients would continue to be protected by other federal laws – like those that bar discrimination based on a person’s race, color, national origin, sex, age, and disability.
“Everyone deserves to be treated with dignity and respect,” said Roger Severino, who heads the HHS Office for Civil Rights. “We intend to fully enforce federal laws that prohibit discrimination.”
It is not surprising that this latest move by the Trump administration will be challenged in the courts. The proposal will first have to be published in the Federal Register where there will be a 60-day comment period. Then, the proposal will face another level of review before it can be finalized.
“Despite the goals of this White House … courts have been clear for decades that prohibitions on sex discrimination encompass discrimination against transgender individuals,” said Louise Melling, deputy legal director with the American Civil Liberties Union. Her organization, she added, will challenge the proposal in court.
