Skip to main content
Sister Publication Links
  • ESG: THE NEW IMPERATIVE
Subscribe
  • Sign Up Free
  • 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
  • Opinion
    • Bold Moves
    • Breaking Bias
    • Commentaries
    • Letters
    • Vital Signs Blog
    • From the Editor
  • Events & Awards
    • Awards
    • Conferences
    • Galas
    • Virtual Briefings
    • Webinars
    • 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
    • Digital Health Transformation Summit
    • ESG: The Implementation Imperative Summit
    • Leadership Symposium
    • Social Determinants of Health Symposium
    • Women Leaders in Healthcare Conference
    • Best Places to Work Awards Gala
    • Health Care Hall of Fame Gala
    • Top 25 Diversity Leaders Gala
    • Top 25 Women Leaders Gala
    • - Hospital of the Future
    • - Value Based Care
    • - Supply Chain
    • - Hospital at Home
    • - Workplace of the Future
    • - Digital Health
    • - Future of Staffing
    • - Hospital of the Future (Fall)
  • Multimedia
    • Podcast - Beyond the Byline
    • Sponsored Podcast - Healthcare Insider
    • Video Series - The Check Up
    • Sponsored Video Series - One on One
  • Data Center
    • Data Center Home
    • Hospital Financials
    • Staffing & Compensation
    • Quality & Safety
    • Mergers & Acquisitions
    • Data Archive
    • Resource Guide: By the Numbers
    • Surveys
    • Data Points
  • MORE +
    • Contact Us
    • Advertise
    • Media Kit
    • Newsletters
    • Jobs
    • People on the Move
    • Reprints & Licensing
MENU
Breadcrumb
  1. Home
  2. Policy
May 10, 2021 11:49 AM

HHS reinstates nondiscrimination protections for LGBTQ people

Michael Brady
  • Tweet
  • Share
  • Share
  • Email
  • More
    Reprints Print
    Getty Images

    HHS' Office for Civil Rights on Monday banned discrimination based on sexual orientation or gender identity, overturning a Trump-era policy that ended nondiscrimination protections for LGBTQ people under the Affordable Care Act's chief anti-discrimination provision.

    It's the latest development in a complicated and contentious struggle in healthcare to reconcile LGBTQ rights with religious liberty. The agency said it based the new policy on a 2020 U.S. Supreme Court decision that held an employer could not fire an individual for being gay or transgender.

    "The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation. That's why today HHS announced it will act on related reports of discrimination," HHS Secretary Xavier Becerra said in a statement.

    "Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone — including LGBTQ people — should be able to access healthcare, free from discrimination or interference, period," he said.

    The Obama administration had created similar protections for LGBTQ people. But the Trump administration threw them out last year, pointing to a decision by U.S. District Judge Reed O'Connor in Texas that found the Obama-era rules violated administrative procedure and religious liberty rules.

    "HHS will (return) to the government's interpretation of sex discrimination according to the plain meaning of the word 'sex' as male or female and as determined by biology," Trump's HHS said in a statement last June.

    Many providers, patient advocates and public officials opposed the Trump-era rule, arguing it would undo the social progress the healthcare industry made in recent years by allowing healthcare discrimination against LGBTQ people. They worried that providers and insurers could deny services to transgender people or charge them more for transition-related services, among other concerns.

    "This move is a victory for health equity and ends a dismal chapter in which a federal agency sought to remove civil rights protections," AMA President Dr. Susan Bailey said in a statement.

    According to a 2017 survey by the Center for American Progress, LGBTQ people who experienced discrimination were almost seven times more likely to say they avoided going for an office visit to avoid discrimination. In addition, about 1 in 4 LGBTQ people experienced discrimination during the previous year, with nearly 30% of transgender adults reporting that providers refused to see them due to their actual or perceived sexual orientation.

    "The mission of our department is to enhance the health and well-being of all Americans, no matter their gender identity or sexual orientation. All people need access to healthcare services to fix a broken bone, protect their heart health, and screen for cancer risk," HHS Assistant Secretary for Health Dr. Rachel Levine said in a statement. "No one should be discriminated against when seeking medical services because of who they are."

    Levine was the first openly transgender federal official confirmed by the U.S. Senate.

    HHS' new policy makes it clear that LGBTQ people can file discrimination complaints with HHS' Office for Civil rights, according to Katie Keith, principal at Keith Policy Solutions and a research professor at Georgetown University's Center on Health Insurance Reforms. It comes in the wake of an executive order from President Joe Biden that directed all federal agencies to implement the Supreme Court ruling in Bostock v. Clay County. The landmark ruling held the Civil Rights Act of 1964 barred employers from discriminating against employees "because of [an employee's] race, color, religion, sex, or national origin."

    Justice Neil Gorsuch, who was nominated to the high court by former President Donald Trump, shocked many conservatives last year when he wrote the decision in Bostock v. Clay County. In the ruling, Gorsuch held true to his view that the meaning of a law is based only on its words, not its drafters' intentions.

    "In Title VII, Congress outlawed discrimination in the workplace on the basis of race, color, religion, sex, or national origin. Today, we must decide whether an employer can fire someone simply for being homosexual or transgender. The answer is clear. An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex. Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids," Gorsuch wrote.

    He was joined by Chief Justice John Roberts, a conservative appointed by President George W. Bush, in a 6-3 majority opinion.

    Other agencies like the Department of Justice have issued similar interpretations of federal based on the Bostock decision.

    "It's not like HHS is going it alone here," Keith said in an email. "My strong assumption is that they'll proceed to new rulemaking to formalize this interpretation."

    HHS said it would continue to follow the Religious Freedom Restoration Act and all related legal decisions, making it less likely the policy change will get bogged down in the courts, a problem that plagued the Trump administration.

    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 101920-news-insurance-ok_WEB_i.jpg
    CMS issues Medicare Advantage, Part D 2024 payment policy notice
    PHE ending
    What the end of the federal COVID-19 emergency means for healthcare
    Most Popular
    1
    More healthcare organizations at risk of credit default, Moody's says
    2
    Centene fills out senior executive team with new president, COO
    3
    SCAN, CareOregon plan to merge into the HealthRight Group
    4
    Blue Cross Blue Shield of Michigan unveils big push that lets physicians take on risk, reap rewards
    5
    Bright Health weighs reverse stock split as delisting looms
    Sponsored Content
    Modern Healthcare Alert: Sign up for this breaking news email to be kept in the loop as urgent healthcare business news unfolds.
    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 © 1996-2023. 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
    • Opinion
      • Bold Moves
      • Breaking Bias
      • Commentaries
      • Letters
      • Vital Signs Blog
      • From the Editor
    • Events & Awards
      • 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
      • Conferences
        • Digital Health Transformation Summit
        • ESG: The Implementation Imperative Summit
        • Leadership Symposium
        • Social Determinants of Health Symposium
        • Women Leaders in Healthcare Conference
      • Galas
        • Best Places to Work Awards Gala
        • Health Care Hall of Fame Gala
        • Top 25 Diversity Leaders Gala
        • Top 25 Women Leaders Gala
      • Virtual Briefings
        • - Hospital of the Future
        • - Value Based Care
        • - Supply Chain
        • - Hospital at Home
        • - Workplace of the Future
        • - Digital Health
        • - Future of Staffing
        • - Hospital of the Future (Fall)
      • Webinars
    • Multimedia
      • Podcast - Beyond the Byline
      • Sponsored Podcast - Healthcare Insider
      • Video Series - The Check Up
      • Sponsored Video Series - One on One
    • Data Center
      • Data Center Home
      • Hospital Financials
      • Staffing & Compensation
      • Quality & Safety
      • Mergers & Acquisitions
      • Data Archive
      • Resource Guide: By the Numbers
      • Surveys
      • Data Points
    • MORE +
      • Contact Us
      • Advertise
      • Media Kit
      • Newsletters
      • Jobs
      • People on the Move
      • Reprints & Licensing