The Department of Health and Human Services has overturned a Trump-era rule that would have allowed healthcare providers to discriminate against patients based on sexual orientation or gender identity.
In June 2020, the Trump administration attempted to roll back Obamacare protections that prohibited healthcare providers that receive federal funds to discriminate against LGBTQ people. The Trump administration defined sex discrimination as "the plain meaning of the word 'sex' as male or female and as determined by biology." As much as 25% of LGBTQ people who have experienced discrimination have put off health care, according to HHS.
“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” HHS Secretary Xaiver Becerra said in a statement. “It is the position of the Department of Health and Human Services that everyone—including LGBTQ people—should be able to access health care, free from discrimination or interference, period.”
The move by the Biden administration was applauded by LGBTQ activist groups and will ensure that prohibitions against sex discrimination are once again enforced.
“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,” said Rachel Levine, MD, assistant secretary for health. “No one should be discriminated against when seeking medical services because of who they are.”