Biden Restores Protections For Transgender Patients After Trump-Era Rollback

The Biden administration announced Monday they would reverse a Trump-era policy that limited health care protections for transgender patients.

The Department of Health & Human Services (HHS) announced the new changes will prevent doctors and health care providers that receive federal funding from discriminating against someone based on their sexual orientation or gender identity.

“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” HHS Secretary Xavier Becerra said in a statement. “It is the position of the Department of Health and Human Services that everyone – including LGBTQ people – should be able to access health care, free from discrimination or interference, period.”

The decision comes after the Supreme Court ruled in June 2020 that federal laws protect against discrimination on the basis of sexual orientation and gender identity. (RELATED: REPORT: Biden, DOJ Plan To Challenge Laws Banning Biological Boys From Girls’ Sports)

NEW YORK, NY – OCTOBER 08: Activists rally in support of LGBTQ rights at New York City Hall on October 8, 2019 in New York City.  (Drew Angerer/Getty Images)

Prior to the decision, the Trump administration rolled back an Obama-administration regulation that prevented discrimination against transgender patients.

Section 1557 of the Affordable Care Act prohibits discrimination on “race, color, national origin, sex, age or disability in certain health programs and activities.” The rule was interpreted to ban discrimination including on the basis of gender identity. The Trump administration, however, argued the 2016 interpretation exceeded the scope of authority under Section 1557.

The Trump administration was later blocked by a federal judge in August who ruled the rule was contrary to the Supreme Court’s ruling and that HHS acted “arbitrarily and capriciously.”