New Federal Regulations Encourage Health Care Discrimination Against Transgender People
Today the United States Department of Health and Human Services (HHS) issued a new rule that would invite insurance companies, hospitals, and health care professionals to illegally deny transgender people care despite protections mandated by the Affordable Care Act. The published rule reflects a lengthy effort by HHS to chip away at non-discrimination protections for transgender people. Although today’s rulemaking does not change the statutory protections of the Affordable Care Act itself, it threatens to mislead healthcare providers into thinking discrimination is legal. It will encourage unlawful discrimination and is an invitation to litigation.