The Biden Administration recently introduced a new rule that enhances protections against discrimination for LGBTQ+ people seeking healthcare and coverage. This regulation applies to various programs and organizations, including Medicaid, Medicare, Health Insurance Marketplaces, health insurance plans, hospitals, and healthcare providers. The rule reinstates protections that were eliminated by the Trump Administration and has been subject to litigation across multiple presidential administrations.
A comprehensive analysis from KFF examines the new rule’s key aspects, focusing on two crucial areas: nondiscrimination protections for pregnancy-related decisions, including abortion, and nondiscrimination protections for transgender individuals, particularly concerning gender-affirming care. The brief also includes a comparison of the rules implemented by the Obama, Trump, and Biden Administrations.
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 encompasses protections based on sexual orientation and gender identity.
In addition to safeguarding LGBTQ+ individuals’ rights, this rule also provides nondiscrimination protections for other groups such as people with disabilities, those with limited English proficiency, telehealth utilization and patient care decision support tools like clinical algorithms and AI. This regulation extends to include Medicare Part B for the first time.
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