Biden HHS Restores Trans Health Protections in Reversal of Trump Policy

Headline Roundup May 10th, 2021

The Biden administration will reverse Trump-era rules excluding transgender people from the Affordable Care Act’s anti-discrimination protections, the Department of Health and Human Services announced Monday. Specifically, HHS will interpret Section 1557 of the ACA, which prevents healthcare discrimination on the basis of “race, color, national origin, sex, age or disability,” to include sexual orientation and gender identity. This reflects a 2020 Supreme Court ruling, which held that the Civil Rights Act of 1964's "sex" protections included sexual orientation and gender identity. The Trump administration previously limited Section 1557 protections to a person’s biological sex in June 2020. The Obama administration included abortion and trans people under Section 1557 in 2016, but a federal judge overturned the policy in 2019.

Coverage from right-rated outlets was relatively rare and focused more on the Trump policy of allowing providers to refuse abortions. Coverage in left- and center-rated outlets tended to say the announcement "reversed" the Trump policy, with some coverage from the left attributing the new policy directly to President Joe Biden and calling the Trump policy "anti-transgender."

Biden HHS Restores Trans Health Protections in Reversal of Trump Policy

From the Center
2000

Gay and transgender people will be protected from discrimination in health care, the Biden administration announced Monday, effectively reversing a Trump-era rule that went into effect last year.

The announcement from the Department of Health and Human Services concerns one of the most notable parts of the Affordable Care Act — the provision in Section 1557 that prevents health care providers and insurance companies from discriminating on the basis "race, color, national origin, sex, age or disability in certain health programs and activities."

Effective immediately, the agency says it will...

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From the Right
2000

The Department of Health and Human Services on Monday announced that it will protect against discrimination on the basis of sexual orientation and gender identity in health care, reversing a Trump-era policy.

The HHS' Office for Civil Rights said it would interpret and enforce Section 1557 and Title IX's prohibitions on discrimination based on sex to include discrimination on the basis of sexual orientation and discrimination on the basis of gender identity.

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From the Left
2000

The Biden administration has reversed a Trump-era policy that allowed healthcare providers to discriminate against LGBTQ people if they claimed a religious exemption.

The move will reinstate Obamacare guidance and expand them to include the recent Supreme Court ruling that sex discrimination includes sexual orientation and gender identity.

“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,“ the Department of Health and Human Services Secretary Xavier Becerra said in a statement. “Everyone – including LGBTQ people – should be able to access healthcare,...

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