U.S. Department of Health and Human Services has proposed rules prohibiting discrimination against persons of any race, color, national origin, gender, age, or disability in certain health programs and activities.In specific federally funded health programs and HHS programs, the proposed rule would fortify civil rights protections weakened in the 2020 version of the rule under the Trump administration, according to an agency press release.As part of Section 1557 of the Affordable Care Act, the proposed rule restates protection against discrimination based on gender, including sexual orientation and gender identity, as outlined in Bostock v.
Clayton County. Further, the rule reinforces protections against discrimination when seeking reproductive health care.Under Section 1557, individuals must be treated based on their gender identity when accessing health care facilities and receiving care.
In addition, people who are labeled based on gender must be treated according to their self-identified gender. “This proposed rule ensures that people nationwide can access health care free from discrimination,” said Health and Human Services secretary Xavier Becerra in the statement announcing the proposal. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth, and health care providers.
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