Joe Biden’s administration announced Monday that it wanted to strengthen protections against discrimination in access to health care, in particular going back to a measure taken under Donald Trump on the protection of transgender people.
This announcement “comes at an important time, particularly after the Supreme Court decision went in the wrong direction” on abortion, Health Minister Xavier Becerra said. And “we know that in many states, the transgender community feels left out.”
“Send a signal”
Care, such as hormonal treatments, which can be prescribed to transgender minors, are in the sights of several conservative states in the country.
“This, I hope, sends a signal: if you ask for care and you have the right to access it, we will protect this right against discrimination,” the minister added during a press conference.
Specifically, the measure refers to a section of the Affordable Care Act (ACA), better known as “Obamacare”, Barack Obama’s flagship law on health insurance.
New regulations expected only in 2023
The section in question prohibits entities that receive federal funds from discriminating, in particular, “on the basis of sex.” By 2020, the Trump administration had limited the scope of this section by having it cover fewer services and no longer include gender identity.
The regulation proposed by the Biden administration restores its application to all health services that receive federal funds, as well as the notion of gender identity.
It clarifies that discrimination based on sex includes discrimination based on sexual characteristics, including intersex characteristics, but also “pregnancy or related conditions, such as termination of pregnancy,” Melanie Fontes Rainer, from the Ministry of Health.
The new regulations are currently subject to a mandatory comment period. Xavier Becerra hoped to have it ready for next year.
Source: BFM TV
