The Department of Health and Human Services’ released a final rule under Section 1557 of the Affordable Care Act (ACA) that will protect LGBTQ+ people and their families from discrimination in health care.
New York, NY – On April 26, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a final rule to implement Section 1557 of the Affordable Care Act (ACA). The final rule prohibits healthcare providers from discriminating against patients based on their sexual orientation and gender identity, as well as race, color, national origin, sex, age, and disability. Crucially, the final rule explicitly covers the children of LGBTQ+ parents. HHS cited research submitted by Family Equality which showed that between 2 and 3.7 million children in the U.S. have LGBTQ+ parents and that 77% of LGBTQ+ millennials either are already parents or are considering expanding their families in the years ahead.
“As queer mother of nine-year-old twins, it is terrifying to imagine a doctor simply refusing to treat them because of my sexual orientation or gender identity,,” said Jaymes Black, Family Equality President & CEO. “That is why we applaud the the Biden Administration for finalizing this rule and making sure it is inclusive to both LGBTQ+ people and their families.”
History of Section 1557:
- May 2016: The Obama Administration finalized a Section 1557 rule which prohibited discrimination against LGBTQ+ families.
- October 2017: Family Equality joined Lambda Legal on submitting an amicus brief in the Masterpiece Cakeshop v. Colorado Civil Rights Commission, uplifting the stories of children who were denied healthcare because of their LGBTQ+ parents.
- June 2020: The Trump Administration rolled back the Obama rules and removed protections for LGBTQ+ people.
- October 2022: Family Equality submitted comments to the Biden Administration supporting their proposed rules to restore nondiscrimination protections, providing crucial research and context about the millions of children with LGBTQ+ families who were at risk of being discriminated in their basic health care needs.
About Family Equality
Family Equality is creating a world where everyone can experience the love, safety, and belonging of family. As the leading national organization for current and future LGBTQ+ families, we work to ensure that everyone has the freedom to find, form, and sustain their families by advancing LGBTQ+ equality through advocacy, support, storytelling, and education.
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