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HHS includes trans people in health care rule that bans sex discrimination

Started by Shana A, August 07, 2012, 08:13:16 AM

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Shana A

HHS includes trans people in health care rule that bans sex discrimination

By Kay Steiger
Monday, August 6, 2012 15:22 EDT


http://www.rawstory.com/rs/2012/08/06/hhs-includes-trans-people-in-health-care-rule-that-bans-sex-discrimination/
  The Department of Health and Human Services (HHS) clarified recently that the much-touted rule that says health insurance companies can not discriminate based on sex also extends to trans people.
"This anti-discrimination law, enacted as part of the Affordable Care Act, creates an important new tool to combat anti-LGBT and especially anti-transgender discrimination in health care," said National Center for Transgender Equality (CTE) Executive Director Mara Keisling in a press release.
This clarification determines that section 1557 of the Patient Protection and Affordable Care Act, which "extends federal nondiscrimination protections to the health care system for the first time," according to an analysis by left-of-center policy and advocacy organization the Center for American Progress.

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Obamacare Protects Transgender People from Discrimination   Posted by Justin Snow |
August  6, 2012  4:28 PM | Permalink   

http://www.metroweekly.com/poliglot/2012/08/obamacare-protects-transgender-people-from-discrim.html


A section of the Patient Protection and Affordable Care Act that protects against sexual discrimination will also apply to transgender people, according to a letter from the Department of Health and Human Services.
In response to a request from a dozen LGBT organizations sent to HHS Secretary Kathleen Sebelius in June, the department clarified an antidiscrimination provision of "Obamacare," stating flatly that it also applies to gender identity.
Leon Rodriguez, director of the Office for Civil Rights of HSS, wrote in his response, first obtained by BuzzFeed, that HHS agrees that under Section 1557 of the Affordable Care Act, "sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity."
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HHS: Health Reform Law Prohibits Antitransgender Bias in Care  Responding to an inquiry from LGBT groups, the Department of Health and Human Services says a provision against sex discrimination covers gender identity and expression.       BY Trudy Ring  August 06 2012 5:45 PM ET   
http://www.advocate.com/politics/transgender/2012/08/06/hhs-says-antitransgender-discrimination-illegal-under-health-reform
 
  Transgender people, who often face barriers to obtaining health care, now clearly have the federal government on their side in the fight against discrimination.
The U.S. Department of Health and Human Services, responding to an inquiry from several LGBT groups, has clarified that the health care reform law's provision banning sex discrimination covers discrimination against transgender and gender-nonconforming people. In his response, issued in July, HHS civil rights director Leon Rodriquez states, "We agree that [the health care law's] sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity or femininity and will accept such complaints for investigation."
"Be yourself; everyone else is already taken." Oscar Wilde


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Hikari

So, is this like the executive branch deciding this? Like of someone new heads the department, can they just change thier mind about it unless a court steps in?

If so i would still think they should amend the language to ensure no ambiguity.
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Flan

Quote from: Hikari on August 07, 2012, 09:59:24 AM
So, is this like the executive branch deciding this? Like of someone new heads the department, can they just change thier mind about it unless a court steps in?

If so i would still think they should amend the language to ensure no ambiguity.

It's part of the affordability [sic] act aka obamacare; only catch is as far as I know it only applies to practitioners in the sense of ability to refuse patients, not insurance companies to cover procedures.
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