Trump administration removes protection for LGBTQ people in health care News
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Trump administration removes protection for LGBTQ people in health care

The Trump Administration finalized a rule on Friday, which rolls back protections for LGBTQ people regarding health insurance and healthcare by changing the definition of “sex.”

The Department of Health and Human Services (HHS) stated in a press release that “HHS will enforce Section 1557 by returning to the government’s interpretation of sex discrimination according to the plain meaning of the word “sex” as male or female and as determined by biology.”

Formerly, Section 1557 of the Affordable Care Act defined “sex” in a way that protected people from discrimination based on gender identity and sexual orientation. The government’s new interpretation of the meaning of “sex” as male or female “as determined by biology” eliminates those protections.

The rule change will also significantly affect access to healthcare and health insurance. It will allow providers to deny service based on sexual orientation or gender identity and could drastically limit insurance coverage. These changes are especially notable considering the current pandemic and the pursuant necessity for many to seek medical care.

The Supreme Court is set to rule soon on two cases regarding the meaning of “sex” in employment discrimination. Those rulings may lay the groundwork for future lawsuits over the meaning of “sex” in Section 1557 or make such challenges even more difficult.