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"It is impossible to discriminate against a person for being homosexual or transgender without discriminating against that individual based on sex," Justice Neil Gorsuch wrote in the ruling. That ruling found that LGBTQ people are protected by the Civil Rights Act of 1964 banning discrimination on the basis of sex. Clayton County, last year's landmark decision by the U.S. Officials at HHS framed the change as updating the agency's interpretation of existing law to bring it into alignment with Bostock v.
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"It is the position of the Department of Health and Human Services that everyone - including LGBTQ people - should be able to access health care, free from discrimination or interference, period." "Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences," HHS Secretary Xavier Becerra said in a statement. The announcement from the Department of Health and Human Services concerns one of the most notable parts of the Affordable Care Act - the provision in Section 1557 that prevents health care providers and insurance companies from discriminating on the basis "race, color, national origin, sex, age or disability in certain health programs and activities."Įffective immediately, the agency says it will interpret that provision to encompass discrimination against someone on the basis of their sexual orientation or gender identity in health care.
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Gay and transgender people will be protected from discrimination in health care, the Biden administration announced Monday, effectively reversing a Trump-era rule that went into effect last year.