HHS Secretary Sylvia Burwell – Photo: U.S. Dept. of Health and Human Services
New rules proposed by the U.S. Department of Health and Human Services (HHS) would effectively prohibit health care plans from denying coverage to transgender people for various treatments for gender dysphoria. The HHS rules, intended to implement nondiscrimination provisions contained in the Affordable Care Act, would classify gender identity discrimination as sex discrimination. To comply, plans would have to cover medically necessary medications, surgeries or other treatments for gender dysphoria if they cover similar services to non-transgender people with other medical conditions.
Once finalized, the HHS rules will apply to health insurance plans sold on either state or federal health care exchanges, Medicaid, the Children’s Health Insurance Program, Medicare, the Indian Health Service, and any health care provider who accepts federal funds. The rules will not apply to private health plans who neither accept Medicare or Medicaid and who offer insurance plans outside of the exchanges. While the rules do not specifically address programs such as veterans’ and military health care, those agencies are expected to implement the nondiscrimination provisions into their programs.
“The Department of Health and Human Service’s proposed rules have the potential to be life-saving for transgender people,” Mara Keisling, executive director of the National Center for Transgender Equality, remarked in a statement. “These rules will help finally make the promise of the Affordable Care Act real for transgender people — that they can find affordable health insurance that covers the essential care they need and doesn’t exclude care simply because of who they are.”
HHS will be accepting public comments on the proposed rules for 60 days.
The ruling in Tennessee’s gender-affirming care case could unravel key legal wins for transgender Americans as lower courts are told to take another look.
The U.S. Supreme Court has ordered lower federal courts to revisit pro-transgender rulings after siding with Tennessee in a 6-3 decision upholding the state’s ban on gender-affirming care for minors.
In its June 30 ruling, the Court found the law did not discriminate based on sex or transgender status -- and while it did not address other laws affecting transgender Americans, it opened the door for states to impose even broader restrictions on transgender rights and legal protections.
As reported by CNN, Justices Clarence Thomas, Samuel Alito, and Amy Coney Barrett wrote in concurring opinions that courts should not be required to closely scrutinize laws alleged to discriminate against transgender people.
The U.S. Supreme Court has upheld a Tennessee law banning doctors from prescribing gender-affirming puberty blockers and hormones to transgender youth with gender dysphoria.
A group of families of transgender youth and a doctor who treats them sued to overturn the law, arguing it was unconstitutional, infringed on parental rights, and violated nondiscrimination protections in the Affordable Care Act. Lower courts ultimately dismissed the parental rights and ACA-based claims.
Five teenagers have been charged with assault after attacking and breaking the jaw of a transgender girl housed in a boys' unit at D.C.'s Youth Services Center.
The assault was one of two separate fights that erupted at the juvenile detention center on July 7. According to NBC affiliate WRC-TV, the 88-bed facility was over capacity by 17 people that day, per DYRS data.
The D.C. Department of Youth Rehabilitation Services said the fights were unrelated and staff were present during both incidents, quickly working to de-escalate the situations.
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