HHS Issues Proposed Rule to Reinstate LGBTQ Protections in Health Care
The Biden administration issued a proposed rule that, under Section 1557 of the Affordable Care
Act, would prohibit discrimination on the basis of sexual orientation and gender
identity by health care providers that receive federal funding. The proposed rule
applies not only to providers, but also to health insurance plans that do business
through Medicare, Medicaid or the Affordable Care Act exchanges. A fact sheet
regarding the proposed rule can be found here.
The proposed rule by the Department of Health and Human Services
is intended to reinstate the protections for the LGBTQ+ community that were initially
established in the Affordable Care Act and subsequently repealed under the Trump administration.
However, this proposed rule goes further by, for the first
time, extending anti-discrimination protections for patients with Medicare Part
B, which covers outpatient physician care.
The
proposed rule is currently awaiting publication in the Federal Register.
Once the official proposed rule is published, there will be a 60-day comment period.