The Obama administration on Friday said that federally funded insurers and medical providers cannot discriminate against patients who are
gay, lesbian or transgender, though it stopped short of specifying whether the rule will force insurers and federal health care programs to pick up the tab for specific medical procedures – like gender transition surgery.
The legal protections came the same day that the
Department of Education and the Department of Justice issued
groundbreaking joint guidance to school districts, directing them to
allow students to use the restrooms that align with their gender
identity.
Advocates for transgender rights and numerous medical associations have long said that medical care related to transitioning, including surgery or taking hormones, constitutes medically necessary care.
The final rule came from the Department of Health and Human Services, the agency responsible for carrying out various provisions of President Barack Obama's health care law, the Affordable Care Act. A portion of the law, called Section 1557, already protects discrimination based on race, color, national origin, disability and age. The latest rules add discrimination based on pregnancy, gender identity and sex stereotyping.
The rule allows for people who are gay, lesbian or transgender to file civil rights complaints if they believe that they have been treated unfairly by medical providers or insurers, though it doesn't specify whether not covering specific treatments or procedures would qualify as discrimination.
If an insurer covers a treatment or procedure for one patient, they must cover it for another. For instance, if an insurer were to cover a medically necessary hysterectomy – a surgery to remove the uterus – for a female patient, they would need to do the same for a transitioning transgender man. They could also not, for example, deny medication to a patient solely because they believe that patient is acting or dressing in a way that is different from their gender stereotype.
The rule, which takes effect in 60 days, applies specifically to health care providers that are receiving federal funding, such as through programs like Medicare or Medicaid.
The rule also requires that health care providers and insurers make accommodations for patients who don't speak English and for patients who have developmental disabilities, including those who are hearing impaired.
Advocates for transgender rights and numerous medical associations have long said that medical care related to transitioning, including surgery or taking hormones, constitutes medically necessary care.
The final rule came from the Department of Health and Human Services, the agency responsible for carrying out various provisions of President Barack Obama's health care law, the Affordable Care Act. A portion of the law, called Section 1557, already protects discrimination based on race, color, national origin, disability and age. The latest rules add discrimination based on pregnancy, gender identity and sex stereotyping.
The rule allows for people who are gay, lesbian or transgender to file civil rights complaints if they believe that they have been treated unfairly by medical providers or insurers, though it doesn't specify whether not covering specific treatments or procedures would qualify as discrimination.
If an insurer covers a treatment or procedure for one patient, they must cover it for another. For instance, if an insurer were to cover a medically necessary hysterectomy – a surgery to remove the uterus – for a female patient, they would need to do the same for a transitioning transgender man. They could also not, for example, deny medication to a patient solely because they believe that patient is acting or dressing in a way that is different from their gender stereotype.
The rule, which takes effect in 60 days, applies specifically to health care providers that are receiving federal funding, such as through programs like Medicare or Medicaid.
The rule also requires that health care providers and insurers make accommodations for patients who don't speak English and for patients who have developmental disabilities, including those who are hearing impaired.
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