In a move applauded by several LGBT organizations, the U.S. Department of Health and Human Services (HHS) has declared that all federally funded healthcare facilities are banned from discriminating against patients on the basis of gender identity or expression.
In a letter to a group of national LGBT organizations, HHS issued its view that an anti-discrimination law enacted in 2010 as part of the Affordable Care Act covers LGBT people.
"We [HHS] agree that sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and will accept such complaints for investigation," wrote HHS Civil Rights Director Leon Rodriguez.
The letter comes on the heels of a ruling from the U.S. Equal Employment Opportunity Commission earlier this year that stated that sex discrimination laws covered transgender workers.
The letter means that healthcare facilities that accept Medicare, Medicaid or other federal dollars cannot discriminate against transgender or gender-variant patients. LGBT patients who experience sex discrimination in federally funded clinics, hospitals and doctors' offices can file complaints with HHS.
Transgender people report high rates of discrimination in healthcare settings, a reality that has made many trans people hesitant to seek needed medical care.
Mara Keisling, director of the National Center for Transgender Equality, said in a statement that the letter is an important new tool but not the end goal.
"HHS affirms our position that these abuses are now clearly illegal," said Keisling in a statement. "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."
