Biden Administration Finalizes New Rule to Strengthen Health Care Protections for LGBTQ+ People: Examining the Nondiscrimination Provisions

KFF Analyzes Enhanced Protection from Discrimination in Health Care for LGBTQ+ Individuals

The Biden Administration has recently finalized a new rule aimed at providing more protections against discrimination for LGBTQ+ people when seeking health care and coverage. This rule applies to a range of programs and organizations, including Medicaid, Medicare, Health Insurance Marketplaces, health insurance plans, hospitals, and healthcare providers.

The revised regulations implement Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination based on race, color, national origin, age, disability, or sex in covered health programs or activities. The Biden Administration’s interpretation of the ACA’s sex protections now includes protections based on sexual orientation and gender identity.

A brief from KFF examines the new rule in detail and focuses on two key areas: nondiscrimination protections for pregnancy-related decisions, including abortion, and nondiscrimination protections for transgender individuals, particularly regarding gender-affirming care. The brief also includes a comparison of the rules implemented by the Obama, Trump, and Biden Administrations.

In addition to protecting LGBTQ+ individuals, the rule also includes nondiscrimination protections for other groups such as people with disabilities

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