Skip to main content
Sister Publication Links
  • ESG: THE NEW IMPERATIVE
Subscribe
  • My Account
  • Login
  • Subscribe
  • News
    • Current News
    • COVID-19
    • Providers
    • Insurance
    • Government
    • Finance
    • Technology
    • Safety & Quality
    • Transformation
    • People
    • Regional News
    • Digital Edition (Web Version)
    • Patients
    • Operations
    • Care Delivery
    • Payment
    • Midwest
    • Northeast
    • South
    • West
  • Digital Health
  • Insights
    • ACA 10 Years After
    • Best Practices
    • Special Reports
    • Innovations
  • Data/Lists
    • Rankings/Lists
    • Interactive Databases
    • Data Points
  • Opinion
    • Bold Moves
    • Breaking Bias
    • Commentaries
    • Letters
    • Vital Signs Blog
    • From the Editor
  • Awards
    • Nominate/Eligibility
    • 100 Most Influential People
    • 50 Most Influential Clinical Executives
    • Best Places to Work in Healthcare
    • Excellence in Governance
    • Health Care Hall of Fame
    • Healthcare Marketing Impact Awards
    • Top 25 Emerging Leaders
    • Top 25 Innovators
    • Diversity in Healthcare
    • Women in Healthcare
    • - Luminaries
    • - Top 25 Diversity Leaders
    • - Leaders to Watch
    • - Luminaries
    • - Top 25 Women Leaders
    • - Women to Watch
  • Events
    • Conferences
    • Galas
    • Virtual Briefings
    • Webinars
    • Custom Media Event: ESG Summit
    • Transformation Summit
    • Women Leaders in Healthcare Conference
    • Social Determinants of Health Symposium
    • Leadership Symposium
    • Health Care Hall of Fame Gala
    • Top 25 Women Leaders Gala
    • Best Places to Work Awards Gala
    • Top 25 Diversity Leaders Gala
    • - Hospital of the Future
    • - Value Based Care
    • - Supply Chain Revenue Cycle
    • - Hospital at Home
    • - Workplace of the Future
    • - Strategic Marketing
    • - Virtual Health
  • Listen
    • Podcast - Next Up
    • Podcast - Beyond the Byline
    • Sponsored Podcast - Healthcare Insider
    • Video Series - The Check Up
    • Sponsored Video Series - One on One
  • MORE +
    • Advertise
    • Media Kit
    • Newsletters
    • Jobs
    • People on the Move
    • Reprints & Licensing
MENU
Breadcrumb
  1. Home
  2. Law & Regulation
March 19, 2020 04:12 PM

HHS sued to block elimination of non-bias protections in grants

Harris Meyer
  • Tweet
  • Share
  • Share
  • Email
  • More
    Reprints Print

    Three advocacy groups sued HHS Thursday to block its recent move to eliminate a rule protecting LGBTQ people and others from discrimination in the agency's grant programs.

    Family Equality, True Colors United, and Services & Advocacy for LBGT Elders filed a lawsuit in federal court in Manhattan challenging the administration's actions under the Administrative Procedure Act.

    In November, HHS announced it would stop enforcing the Obama administration's 2016 non-discrimination rule and also issued a proposed rule offering grant recipients protection under federal law protecting religious liberty. Those moves erased the Obama administration's protections for sex, race, religion, gender identity, and sexual orientation in HHS grants.

    The HHS actions apply to nearly $500 billion a year in grants and contracts for services such as shelter care, substance use treatment, Head Start, HIV prevention, and community health centers.

    The administration's policy changes allow programs to discriminate on the basis of sexual orientation, gender identity, and religion. Under the proposed rule, people would only be protected from discrimination to the extent that such discrimination is already barred by federal law. But there is no law prohibiting discrimination based on sexual orientation or gender identity.

    The advocacy groups warned that the changes would particularly hurt LGBTQ children and youth and LGBTQ couples that want to adopt or serve as foster parents, who are likely to be subject to discrimination by religious-based private child welfare agencies. It also could affect non-Christian people who want to adopt or become foster parents.

    HHS justified the policy changes by saying the federal government is required to not infringe on religious freedom in its operation of grant programs.

    The moves were part of a broader push by the Trump administration to allow healthcare and social service providers to make decisions based on their religious and moral beliefs.

    An HHS rule set to take effect last November, which was blocked by a judge, would have cut off federal funding to any healthcare organization that did not allow its staffers to opt out of services that are contrary to their religious beliefs or moral convictions.

    In November, all Senate Democrats sent a letter to HHS Secretary Alex Azar demanding that HHS rescind the proposed rule and the non-enforcement announcement. They called it "unconscionable that HHS has disregarded essential nondiscrimination provisions."

    Last month, a watchdog group called Democracy Forward sued the administration demanding release of records detailing the decision to stop enforcing the non-discrimination rule. It seeks information on what groups lobbied for the policy change.

    Christina Wilson Remlin, lead counsel at Children's Rights, said the Trump administration should be focused on expanding the pool of prospective foster and adoptive parents, not turning them away based on sexual orientation or religion.

    "This is part of the broader administration agenda of creating an authorization to discriminate based on religious or other deeply held beliefs," she said. "It opens an avenue for providers to force vulnerable young people to adopt their religious beliefs, even if that runs counter to the wellbeing of these young people."

    HHS said it does not comment on pending litigation.

    Letter
    to the
    Editor

    Send us a letter

    Have an opinion about this story? Click here to submit a Letter to the Editor, and we may publish it in print.

    Recommended for You
    Copy of Becerra2_Getty_fullsize_WEB_i.jpg
    HHS offers scant details on post-Roe v. Wade strategy
    After Roe, Dems seek probe of tech’s use of personal data
    After Roe, Dems seek probe of tech’s use of personal data
    Sponsored Content
    Daily Dose Newsletter: Sign up to receive a late afternoon weekday roundup of that day’s breaking news and developments in healthcare.
    Get Newsletters

    Sign up for enewsletters and alerts to receive breaking news and in-depth coverage of healthcare events and trends, as they happen, right to your inbox.

    Subscribe Today
    MH Magazine Cover

    MH magazine offers content that sheds light on healthcare leaders’ complex choices and touch points—from strategy, governance, leadership development and finance to operations, clinical care, and marketing.

    Subscribe
    Connect with Us
    • LinkedIn
    • Twitter
    • Facebook
    • RSS

    Our Mission

    Modern Healthcare empowers industry leaders to succeed by providing unbiased reporting of the news, insights, analysis and data.

    Contact Us

    (877) 812-1581

    Email us

     

    Resources
    • Contact Us
    • Advertise with Us
    • Ad Choices Ad Choices
    • Sitemap
    Editorial Dept
    • Submission Guidelines
    • Code of Ethics
    • Awards
    • About Us
    Legal
    • Terms and Conditions
    • Privacy Policy
    • Privacy Request
    Modern Healthcare
    Copyright © 1996-2022. Crain Communications, Inc. All Rights Reserved.
    • News
      • Current News
      • COVID-19
      • Providers
      • Insurance
      • Government
      • Finance
      • Technology
      • Safety & Quality
      • Transformation
        • Patients
        • Operations
        • Care Delivery
        • Payment
      • People
      • Regional News
        • Midwest
        • Northeast
        • South
        • West
      • Digital Edition (Web Version)
    • Digital Health
    • Insights
      • ACA 10 Years After
      • Best Practices
      • Special Reports
      • Innovations
    • Data/Lists
      • Rankings/Lists
      • Interactive Databases
      • Data Points
    • Opinion
      • Bold Moves
      • Breaking Bias
      • Commentaries
      • Letters
      • Vital Signs Blog
      • From the Editor
    • Awards
      • Nominate/Eligibility
      • 100 Most Influential People
      • 50 Most Influential Clinical Executives
      • Best Places to Work in Healthcare
      • Excellence in Governance
      • Health Care Hall of Fame
      • Healthcare Marketing Impact Awards
      • Top 25 Emerging Leaders
      • Top 25 Innovators
      • Diversity in Healthcare
        • - Luminaries
        • - Top 25 Diversity Leaders
        • - Leaders to Watch
      • Women in Healthcare
        • - Luminaries
        • - Top 25 Women Leaders
        • - Women to Watch
    • Events
      • Conferences
        • Transformation Summit
        • Women Leaders in Healthcare Conference
        • Social Determinants of Health Symposium
        • Leadership Symposium
      • Galas
        • Health Care Hall of Fame Gala
        • Top 25 Women Leaders Gala
        • Best Places to Work Awards Gala
        • Top 25 Diversity Leaders Gala
      • Virtual Briefings
        • - Hospital of the Future
        • - Value Based Care
        • - Supply Chain Revenue Cycle
        • - Hospital at Home
        • - Workplace of the Future
        • - Strategic Marketing
        • - Virtual Health
      • Webinars
      • Custom Media Event: ESG Summit
    • Listen
      • Podcast - Next Up
      • Podcast - Beyond the Byline
      • Sponsored Podcast - Healthcare Insider
      • Video Series - The Check Up
      • Sponsored Video Series - One on One
    • MORE +
      • Advertise
      • Media Kit
      • Newsletters
      • Jobs
      • People on the Move
      • Reprints & Licensing