Am I still protected from health care discrimination?
Yes. No matter what the Trump Administration says or does, the Health Care Rights Law is the law of the land, and most courts have said it protects transgender people. Only Congress has the power to change the law by repealing the ACA.
In addition, many state laws prohibit discrimination in health care, and discrimination by the government violates the U.S. Constitution.
However, the Trump Administration’s actions will likely cause confusion for many patients, providers, and insurance companies, and it could lead to more anti-transgender discrimination.
What should I do if I face discrimination in health care?
If you have faced discrimination by a health care provider, insurance company, or another health program, reach out to an LGBT-friendly legal organization to get help exploring your options... Also, remember that many states have their own laws and regulations that protect transgender people from discrimination in health care and insurance coverage. If you face discrimination, you may be able to file a complaint with your state’s human rights agency or somewhere else—see our Know Your Rights resource for more information.
Julianna S. Gonen, federal policy director for the National Center for Lesbian Rights, affirmed that the White House’s actions are “shameful” but stated that the Affordable Care Act’s “underlying guarantee of health care access free from discrimination remains in place.”
“While the federal government won’t help you, it also can’t stop you from going to court to secure your rights if that’s what it takes,” Gonen said in a press release.
Gonen is correct: The finalized rule on Section 1557 doesn’t change the fact that courts have consistently ruled on the side of LGBTQ+ access to healthcare, queer and trans people, who remain broadly protected from discrimination in almost half of U.S. states. 22 states have policies preventing bias on the basis of gender identity in areas like housing, education, employment, and public accommodations, and those protections are not impacted by the Trump administration’s rule.
A bevy of nationwide LGBTQ+ nonprofits, however, affirmed that they planned to sue to overturn the new regulations on Section 1557 — which means the policy could be tied up by legal injunctions for years.
I'll add that this is the latest in a long line of anti-trans and anti-lgbtq measures by the Trump admin (see: trans people in the military, bathroom bills, etc)
Some of the problems this is likely to create, as far as I can see, include
further limiting access to healthcare. Not only is it going to make getting a doctor harder, it'll make people less willing to seek out care in the first place
which is really bad news considering that trans folk, especially black (and other poc) trans folk are already more vulnerable
in a pandemic that's especially fucked up
yes, legal recourse is still an action, but the ruling seems likely to create even more legal confusion
not to mention people might not have the $$/resources to pursue lawsuits in the first place!
but it's not a total lost cause:
the proposed rollback of the Health Care Rights Law (HCRL/ACA secrion 1557) still hasn’t been approved by the Supreme Court
there is still state-level legislation
LTBTQ rights groups are planning to take legal action against the policy, so if you’re concerned about this the best option is likely to contact your local/national rights organisations and keep an eye on what they’re planning to do!
governments taking advantage of chaotic times and distraction to push legislation is a classic move. keep an eye on what's going on.
(sorry for the long post but there was a major lack of info/some misinformation in the notes. seriously people, it takes 5 minutes to check some articles before you write an incensed response. also clowning & infighting in the notes is also hella unproductive.)
jacobvanloon
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