Washington, D.C. - The U.S. Department of Health and Human Services has confirmed that it views a 2010 law prohibiting sex discrimination in health care services as protecting from discrimination based on gender identity and gender stereotyping.
NCTE and ally organizations asked the U.S. Department of Health and Human Services for clarification on Section 1557 of the Affordable Care Act. In response, the Department of Health and Human Services (HHS) has affirmed our view that the law banning sex discrimination in federally-funded health services includes discrimination on the basis of gender identity.
The HHS confirmation came in response to a letter to several LGBT organizations, including NCTE, seeking clarification of the law. In recent years, there has been a strong legal trend toward recognizing discrimination on these bases is covered under existing sex discrimination laws. The response noted that the Department of Health and Human Services, Office for Civil Rights will investigate such complaints and treat them as forms of discrimination based on sex, which is prohibited by law if an entity receives federal funds.
NCTE Executive Director Mara Keisling said, "This anti-discrimination law, enacted as part of the Affordable Care Act, creates an important new tool to combat anti-LGBT and especially anti-transgender discrimination in health care." The National Transgender Discrimination Survey found that one in five transgender people have been denied care by a medical provider. That survey and anecdotal evidence show that transgender people are too often turned away by doctors, mistreated by ambulance crews, and even thrown out of hospital emergency rooms.
"HHS affirms our position that these abuses are now clearly illegal," said Keisling. "But a law explicitly banning health care discrimination based on gender identity is the next step. Our community needs medical providers to know what their obligations are and passing a law is the strongest and clearest way to do that."
Because of this development, LGBT patients facing discrimination at hospitals, clinics, doctor's offices, or other medical providers that accept Medicare or Medicaid (or other forms of federal funding) can file complaints of discrimination with HHS and expect to have those complaints taken seriously. NCTE strongly urges transgender people who are facing harassment or discrimination to use our health care "know your rights" resource to advocate for respectful care.
To speak to Mara Keisling, please contact Vincent Paolo Villano at 202-903-0112 /vvillano@transequality.org .
From an NCLR press release
(Washington D.C., August 6, 2012)—The Department of Health and Human Services (HHS) has confirmed that the Patient Protection and Affordable Care Act (ACA) protects against discrimination on the basis of gender identity.
The clarification, issued earlier this month, came in response to a letter submitted by NCLR and several other LGBT organizations. The letter from HHS confirmed that the anti-discrimination protections in section 1557 of the ACA, which prohibits discrimination based on sex, include discrimination on the basis of gender identity.
This announcement means people who face discrimination or are being denied access to any federally funded health service or program on the basis of gender identity may file a complaint with the Office of Civil Rights at HHS. This protection applies to all healthcare facilities and programs that receive any funds from the federal government. This includes any hospitals, clinics, and mental health facilities that receive Medicare and Medicaid funding.
Statement by National Center for Lesbian Rights Federal Policy Director Maya Rupert, Esq.:
"Transgender people face severe discrimination in healthcare settings and are often denied care completely. This announcement affirms that all patients in federally funded health care settings must be treated equally and may not be denied care simply because of who they are. We are grateful to HHS for clarifying this important policy and providing transgender people with the security of knowing they are included in the administration's commitment to the health and well-being of all Americans."
