Benefits and Compensation

New Proposed Rule Would Bar Health Care Discrimination on the Basis of Gender Identity

By Jennifer Carsen, JD

On September 8, the Department of Health and Human Services (HHS) issued a proposed rule that would add gender identity protections for individuals enrolled in coverage through the Health Insurance Marketplaces and certain other health coverage plans.

HHS says the proposed rule, Nondiscrimination in Health Programs and Activities, “will assist some of the populations that have been most vulnerable to and will help provide those populations equal access to health care and health coverage.

It harmonizes protections provided by existing, well-established federal civil rights laws, and clarifies the standards HHS would apply in implementing Section 1557 of the Affordable Care Act (ACA), which provides that individuals cannot be subject to discrimination based on their race, color, national origin, sex, age, or disability.”

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