Healthcare Nondiscrimination Provisions

Status: Unfavorable

Reversed healthcare discrimination-protections for individuals on the basis of sex or gender.

 


In the same week that the U.S. Supreme Court ruled to uphold discrimination-protections for LGBT employees throughout the nation, the Trump administration finalized their own LGBT decision – to abandon healthcare related discrimination-protections to the same community.

 

By eliminating definitions and revising language in the Affordable Care Act, the administration reintroduced the potential for healthcare providers to refuse to treat a patient on “the basis of pregnancy, sex stereotyping, and gender identity” – effectively repealing protections for members of the LGBT community and pregnant (ever formerly pregnant) women.

 

Status

June 12th, 2020  REVISED / REPEALED

Nondiscrimination provisions in the Affordable Care Act | Brookings Deregulation Tracker

 


Notables

 

  • The Kaiser Family Foundation (a nonprofit focused on healthcare) concludes the revisions would allow providers to refuse treatment of an individual based on gender or pregnancy status.
HHSs Proposed Changes to Non-Discrimination Regulations Under ACA Section 1557 | Kaiser Family Foundation (7.1.19)

 

  • The rules reversal eliminates discrimination for patients seeking abortion care and for patients who have previously received abortions (if the provider objects to administering aid on religious grounds).
Why Trump Is Rolling Back LGBT Health-Care Protections | The Atlantic (4.24.19)