As we reported last month the Trump Administration released a proposed regulation that would reverse the 2016 final rule implementing the nondiscrimination provision of the Affordable Care Act (ACA). The measure known as 2016 Section 1557 rule explicitly prohibits gender identity discrimination, including discrimination against intersex & non-binary people in health care facilities & programs receiving federal funding. The rule also prohibits some forms of sexual orientation discrimination that take the form of sex stereotyping. The public has until August 13th to offer comment on the proposed regulation. Fenway Institute of Fenway Health in Boston released a policy brief urging health care professionals & advocates to submit comment urging the Trump Administration to reconsider the proposal. Katherine Laurila Fenway Institute Health Policy Fellow stated, “Initial news reports about the proposed rule characterized it as anti-transgender. New rule proposes removal of LGBT nondiscrimination provisions from Section 1557 & other health care regulations. But the scope of the proposed regulation extends far beyond the gender identity & sex stereotyping provisions of the 2016 nondiscrimination provisions of Rule 1557.” Carl Sciortino, Vice President of Government & Community Relations at Fenway Health concluded, “This proposed regulation would have far-reaching implications for the LGBT community, all of them negative. If this rule is enacted, the Trump Administration will succeed in reversing much of the progress made in federal health policy over the past decade.”
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