HHS finalizes rule repealing Obama-era protections for trans patients
HHS has finalized a rule that repeals protections for trans patients by redefining sex “as male or female and as determined by biology.” The rule eliminates provisions of a 2016 rule from the Obama administration that attempted to protect trans patients from discrimination.
The finale rule means patients are only protected from discrimination for being male or female, without protections for discrimination based on gender identity or sexual orientation. The agency called its action a “continued robust enforcement of civil rights law.”
“HHS respects the dignity of every human being, and as we have shown in our response to the pandemic, we vigorously protect and enforce the civil rights of all to the fullest extent permitted by our laws as passed by Congress. We are unwavering in our commitment to enforcing civil rights in healthcare,” Roger Severino, director of the Office for Civil Rights at HHS, said in a statement.
The final rule was immediately met with criticism from industry groups, including the American Medical Association.
“Respect for the diversity of patients is a fundamental value of the medical profession and is reflected in long-standing AMA policy opposing discrimination based on race, gender, sexual orientation, gender identity or a woman's decisions about pregnancy, including termination,” AMA President Susan Bailey, MD, said in a statement. “The federal government should never make it more difficult for individuals to access healthcare––during a pandemic or any other time."
The agency claimed the Obama-era rule, which had clarified that protections based on “sex” included gender identity, had overreached.
The agency also made changes to how non-English speakers have the right to meaningful language access to healthcare by gutting the requirement to print nondiscrimination notices in mailings. HHS said the move will save money “in unnecessary regulatory burdens” because entities won’t have to send patients and customers notice and taglines inserts across two dozen languages. The change will save an estimated $2.9 billion over five years, according to HHS.
Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."