The U.S. Department of Health and Human Services (HHS) proposed a rule on September 3 that prohibits discrimination based on sex, including gender identity.
The proposed rule, Nondiscrimination in Health Programs and Activities, will extend the Patient Protection and Affordable Care Act's ban on sex discrimination to the health insurance marketplaces and will explicitly prohibit discrimination based on gender identity. The rule will affect any health program HHS administers and any health program or activity that receives funding from HHS, such as hospitals and providers who take Medicare and Medicaid patients.
"This proposed rule is an important step to strengthen protections for people who have often been subject to discrimination in our healthcare system," stated Sylvia Burwell, HHS secretary, in a press release. "This is another example of the Administration's commitment to giving every American access to the healthcare they deserve."
The proposed rule's new protections include the following:
- Equal treatment for women in the healthcare they receive, not only in obtaining health coverage but also in obtaining health services
- Prohibiting insurance policies from excluding coverage of all care related to gender transition
- Effective communication for individuals with disabilities
- Enhanced language assistance for people with limited English proficiency
Members of the public are able to provide comments on the proposed rule until November 6, 2015. To learn more, including how to provide comments, visit the proposed rule Web page.
