Biden Administration Announces LGBTQ Protections in Health Care

The Department of Health and Human Services (HHS) announced that it is again enforcing Section 1557 of the Patient Protection and Affordable Care Act (ACA), which prevents discrimination on the basis of sex. HHS will begin including protection for gay and transgender people based on the US Supreme Court decision in Bostock v. Clayton County, Georgia, decided on June 15, 2020, in that definition. This reverses a Trump-era policy announced on June 12, 2020, which went into effect in August of 2020.

If you have questions about this new enforcement posture, please contact us.