Obamacare bars discrimination against transgender people

[peky]

The U.S. Department of Health and Human Services recently stated the Affordable Care Act makes it illegal to discriminate due to "gender identity or failure to conform to stereotypical notions of masculinity or femininity".


http://lexiecannes.wordpress.com/2012/08/07/obamacare-bars-discrimination-against-transgender-people/

Obamacare bars discrimination against transgender people

THE GUERRILLA ANGEL REPORT — It is now official policy — any medical entity receiving federal dollars cannot discriminate against trans people.

The U.S. Department of Health and Human Services recently stated the Affordable Care Act makes it illegal to discriminate due to "gender identity or failure to conform to stereotypical notions of masculinity or femininity".



Please re-elect Mr. Obama

[GinaDouglas]

Now we know why the Hard Right is so dead set against it.  They don't want insurance (or government) paying for sex changes.  If Obamacare bans discrimination, there would be no way to deny me the same hormone replacement drugs that would be covered for a natal woman my age.

[cindianna_jones]

I always tell people to vote for their self interests. If they really did that.... well, you all know what would happen. Only a few very wealthy people would be voting for one party.

[Jamie D]

The HHS statement referred to Section 1557 of the Affordable Care Act:

SEC. 1557. NONDISCRIMINATION.

    (a) In General- Except as otherwise provided for in this title (or an amendment made by this title), an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title (or amendments). The enforcement mechanisms provided for and available under such title VI, title IX, section 504, or such Age Discrimination Act shall apply for purposes of violations of this subsection.

    (b) Continued Application of Laws- Nothing in this title (or an amendment made by this title) shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), or the Age Discrimination Act of 1975 (42 U.S.C. 611 et seq.), or to supersede State laws that provide additional protections against discrimination on any basis described in subsection (a).

    (c) Regulations- The Secretary may promulgate regulations to implement this section.

The HHS interpretation suggests "(t)his protection applies to all healthcare facilities and programs that receive any funds from the federal government. This includes any hospitals, clinics, and mental health facilities that receive Medicare and Medicaid funding."

It has no effect on exclusions written into private insurance policies.

[Shana A]

HHS takes steps toward protecting transgender people under health-care law

By Michelle Andrews, Published: September 3

In a recent letter hailed by advocates in the lesbian, gay, bisexual and transgender (LGBT) community, the Department of Health and Human Services clarified that provisions in the Affordable Care Act prohibiting sex discrimination in health insurance apply to transgender people.

With HHS declaring that it would be discriminatory for employers, insurers and others to deny health insurance coverage or benefits based on "gender identity or failure to conform to stereotypical notions of masculinity or femininity," advocates hope that transgender people — those who identify with a sex other than the one they were born as — will take another step toward achieving equality in health care.

"This is a population that's very underserved and in need of a lot of health care," says M. Dru Lavasseur, a transgender rights attorney at Lambda Legal, an advocacy group based in New York. "This HHS letter sends a message that we need to address its problems."

[SandraJane]

Advocate.com



HHS Says Health Plans Cannot Discriminate Against Transgender People


BY Michelle Andrews of Kaiser Health News | September 05 2012 2:00 PM ET


http://www.advocate.com/politics/transgender/2012/09/05/hhs-says-health-plans-cannot-discriminate-against-transgender-people


In a recent letter hailed by advocates in the LGBT community, the Department of Health and Human Services clarified that provisions in the Affordable Care Act prohibiting sex discrimination in health insurance apply to transgender people.

With HHS declaring that it would be discriminatory for employers, insurers and others to deny health insurance coverage or benefits based on "gender identity or failure to conform to stereotypical notions of masculinity or femininity," advocates hope that transgender people will take another step toward achieving equality in health care.