• Tue. May 28th, 2024

KFF Analyzes Enhanced Protection from Discrimination in Health Care for LGBTQ+ Individuals

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May 15, 2024

The Biden Administration recently finalized a new rule that provides LGBTQ+ people with more protections against discrimination when seeking health care and coverage. This rule applies to programs and organizations such as Medicaid, Medicare, Health Insurance Marketplaces, health insurance plans, hospitals, and healthcare providers. This rule reinstates protections that were eliminated by the Trump Administration and has been subject to litigation across multiple presidential administrations.

A brief from KFF examines the new rule and focuses on two key areas: nondiscrimination protections for pregnancy-related decisions, including abortion, and nondiscrimination protections for transgender individuals, particularly regarding gender-affirming care. The brief also includes a comparison of the rules implemented by the Obama, Trump, and Biden Administrations.

The revised regulations implement Section 1557 of the Affordable Care Act, which prohibits discrimination based on race, color, national origin, age, disability, or sex in covered health programs or activities. The Biden Administration’s interpretation of the ACA’s sex protections now includes protections based on sexual orientation and gender identity.

In addition to protections for LGBTQ+ individuals, the rule also includes nondiscrimination protections for other groups, such as people with disabilities, people with limited English proficiency, and the use of telehealth and patient care decision support tools, including clinical algorithms and AI. This rule also extends to include Medicare Part B for the first time.

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