The Biden administration unveiled a proposal this week that would strengthen protections for transgender people in the Affordable Care Act.
The proposal, drafted by the Department of Health and Human Services, would prohibit discrimination on the basis of sex in hospitals and other health care facilities that recieve federal funding. The basis of sex would include “gender identity” and sexual orientation.
The proposal is a reversal of a rule under former President Donald Trump that took effect in 2020. A member of the Trump administration noted that the Biden administration’s new proposal would likely cover sex reassignment surgery for transgender individuals (via The New York Times):
Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age and disability in certain health programs and activities. But the rule governing its implementation has been a political Ping-Pong ball since former President Barack Obama signed the act into law in 2010.
The Obama administration defined “sex” as including gender identity. The Trump administration took that language out. The Biden administration’s proposed rule — which will be subject to public comment before it can take effect — defines “sex” as including “sexual orientation and gender identity,” and makes clear that sex discrimination includes discrimination on the basis of “pregnancy or related conditions, including ‘pregnancy termination.’ ”
How those protections will play out in medical practice remains unclear. But Roger Severino, who ran the Health Department’s Office of Civil Rights during the Trump administration, said the new language would likely cover sex reassignment surgery.
“What it’s really about is insurance coverage,” he said. He voiced his objection to the way the Biden administration is defining “sex,” adding, “It is not supported by the law. The definition of sex never included gender identity, just like it doesn’t include termination of pregnancy.”
In a media briefing this week, HHS Secretary Xavier Becerra said “we want to make sure that whoever you are, whatever you look like, wherever you live, however you wish to live your life, that you have access to the care that you need,” according to The Hill.
“We know that in many states, communities, our transgender community are feeling like they’re being left out. This I hope will send a signal that if you are seeking health care, and you have a right to access that care, we will will protect that right against discrimination” he added.
In a statement, HHS Office for Civil Rights Director Melanie Fontes Rainer said “now more than ever, we must stand up for those around the country whose voices often go unheard, to let them know we stand with them and are working to ensure they can access health care free from discrimination.”
In March, on “Transgender Day of Visibility,” Townhall covered how the Biden administration released guidance promoting “gender-affirming” health care for children. This includes puberty blockers, hormone therapy treatments and sex reassignment surgery.
In the guidance, the department stated that “providing gender-affirming care is neither child maltreatment nor malpractice,” and that “gender-affirming care should not be used to deny care or separate families working to make the best decisions for the children’s well-being,” alluding to the fact that Texas launched investigations into the parents of transgender minors for child abuse.
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