LGBTQ Health-Care Bias Shield Clears White House Review (1)

A long-awaited rule protecting LGBTQ people from discrimination in health care has cleared review by the White House and could be released any day.

The rule (RIN 0945-AA17), proposed by the Biden administration in 2022, would reverse a Trump administration rule and restore discrimination protections for sexual orientation and gender identity under Section 1557 of the Affordable Care Act.

Section 1557 blocks discrimination on the basis of of race, color, national origin, sex, age, or disability by entities that primarily provide health care and receive federal funding. It is enforced by the Department of Health and Human Services Office for Civil Rights.

In 2021, the Biden administration announced it would interpret “sex” in the ACA to include gender identity.

The administration’s announcement followed the US Supreme Court’s Bostock v. Clayton County decision, in which the justices held that LGBTQ people are entitled to discrimination protections under Title VII of the Civil Rights Act of 1964.

—With assistance from Shira Stein