The Biden administration has revived prohibitions on discrimination based on sexual orientation or gender identity, reversing a Trump-era decision.
The Department of Health and Human Services’ (HHS') Office for Civil Rights (OCR) announced Monday that it will enforce the prohibitions on sex discrimination due to a recent Supreme Court decision.
“Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences,” said HHS Secretary Xavier Becerra in a statement.
The Trump administration last year issued a final rule that found sexual discrimination did not include gender identity or sexual orientation. It also reversed an Obama-era rule that bars providers from getting federal funding if they discriminated against people based on their gender identity.
However, a federal judge blocked that rule from taking effect because it conflicted with a ruling from the Supreme Court in June 2020.
The court ruled that discrimination based on sexual orientation or gender identity was prohibited.
The new interpretation follows that ruling and help guide the OCR in “processing complaints and conducting investigations but does not itself determine the outcome in any particular case or set of facts,” a release on the new determination said.
“All people need access to healthcare services to fix a broken bone, protect their heart health and screen for cancer risk,” said Rachel Levine, M.D., assistant secretary for health, in a statement. “No one should be discriminated against when seeking medical services because of who they are.”