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ASPPH Advocacy Update: Administration Proposes Lifting Ban on Discriminating on the Basis of Gender Identity in Healthcare

Last Friday the Trump administration released a Notice of Proposed Rulemaking (NPRM) (Federal Register noticefact sheet) scrapping an Obama-era policy that prohibited health care providers from discriminating against transgender patients and others on the basis of their gender identity. The notice is open for comment for 60 days.

The Obama administration rule banning discrimination based on gender identity was blocked by a federal judge in 2016 following a lawsuit from religious groups. The administration is making other changes to the nondiscrimination rules, which mandate accommodations for people with disabilities and those who don’t speak English proficiently. The administration claims the changes will reduce paperwork and time and save the health care industry billions of dollars. The regulations are intended to implement and enforce Section 1557 of the Affordable Care Act (ACA) that prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.