Administration reverses ACA protections against gender discrimination

The Trump administration finalized a rule this week that would remove provisions in Section 1557 of the Affordable Care Act (ACA), which were designed to prevent discrimination. An Obama era rule defined “sex discrimination” as encompassing gender identity. The current administration argued that the definition of “sex” should be limited to a person’s male or female biology. The American Hospital Association (AHA) strongly urged the Department of Health and Human Services not to finalize its proposed rule, expressing concerns that "narrowing the current regulation's protections against discrimination based on sex, including gender identity, sexual orientation and sex stereotypes, could have an adverse impact on access to care and the health of individuals.” AHA staff are reviewing the final rule. (NPR Shots blog post, 6/12/20)