January 31, 2023 The Newspaper Serving LGBT Los Angeles

Policy Brief Outlines How Trump’s New Healthcare Plan Would Harm LGBTQ+ Community

The Fenway Institute of Fenway Health recently released a policy brief outlining the harm to LGBTQ+ people likely to result from a new health care regulation proposed by the Trump Administration last month, according to a press release.

The public has until August 13 to offer comment on the proposed regulation, and the authors of the brief urge health care professionals and advocates to submit comment urging the Trump Administration to reconsider the proposal.

The policy brief, “New rule proposes removal of LGBT nondiscrimination provisions from Section 1557 and other health care regulations”

On June 14, 2019, the Trump Administration released a proposed regulation that would reverse the 2016 final rule implementing the nondiscrimination provision of the Affordable Care Act (ACA). That measure, known as the 2016 Section 1557 rule explicitly prohibits gender identity discrimination, including discrimination against intersex and non-binary people, in health care facilities and programs receiving federal funding. The rule also prohibits some forms of sexual orientation discrimination that take the form of sex stereotyping.

“Initial news reports about the proposed rule characterized it as anti-transgender,” said Fenway Institute Health Policy Fellow Katherine Laurila, author of the brief, titled “New rule proposes removal of LGBT nondiscrimination provisions from Section 1557 and other health care regulations.” “But the scope of the proposed regulation extends far beyond the gender identity and sex stereotyping provisions of the 2016 nondiscrimination provisions of Rule 1557.”

Included in the Trump Administration proposal are provisions that would revise several other important health care regulations that explicitly prohibit both sexual orientation and gender identity. If finalized, the proposed rule would remove explicit sexual orientation and gender identity nondiscrimination provisions from:

• Regulations governing the health insurance exchanges, including 34 federally facilitated exchanges and 17 state exchanges;

• Regulations governing Qualified Health Plans;

• Medicaid regulations, including language that explicitly prohibits sexual orientation and gender identity discrimination in Medicaid enrollment and availability of services, and language highlighting the importance of access and cultural considerations that calls on states to care for LGBT patients and others in a culturally competent manner;

• Regulations governing the access to services provided by the Program of All-Inclusive Care for the Elderly.

“This proposed regulation would have far-reaching implications for the LGBT community, all of them negative,” said Carl Sciortino, Vice President of Government & Community Relations at Fenway Health. “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.”

Anti-LGBT discrimination in health care is widespread, correlates with poorer health and well-being for LGBT people, and makes LGBT people less likely to access health care. This exacerbates health disparities that LGBT people experience. Since 2011, the Joint Commission has required sexual orientation and gender identity nondiscrimination policies in health care institutions that it accredits. The Joint Commission is a nonprofit organization that accredits hospitals and other health care organizations.

Other anti-LGBT policies enacted by the Trump administration that are harming the health and access to care of LGBT people include:

• Dismissing Peace Corps volunteers and Air Force service members who tested positive for HIV, and refusing to provide pre-exposure prophylaxis for HIV prevention (PrEP) to at-risk Peace Corps volunteers;

• Placing transgender inmates of the Federal Bureau of Prisons, especially transgender women, at much higher risk of rape by incarcerating them according to their biological sex at birth instead of their gender identity;

• Prohibiting transgender people from serving in the U.S. military;

• Removing sexual orientation and gender identity questions from federal surveys of older adults, people with disabilities, and victims of crime;

• Filing a brief with the U.S. Supreme Court arguing that gender identity is outside of the scope of Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on “race, color, religion, sex and national origin;”

• Filing a brief in the Masterpiece Cake Shop case before the U.S. Supreme Court supporting discrimination against a gay male couple and stating that there is no compelling federal government interest in prohibiting anti-gay discrimination;

• Attempting to repeal or weaken the ACA, which has cut the uninsured rate in half for LGBT people.

For more information, CLICK HERE.

Related Posts

Congressman Robert Garcia Sworn Into Office With Superman by Side

January 30, 2023

January 30, 2023

By Susan Payne This month, Robert Garcia was sworn into Congress with superman by his side.  Garcia, a self-described comic...

GLAAD announces 34th Annual GLAAD Media Award Nominations

January 30, 2023

January 30, 2023

By Susan Payne GLAAD, the lesbian, gay, bisexual, transgender and queer media advocacy organization announced the nominees for the 34th...

Los Angeles LGBT Center and April Housing Celebrate Historic Ownership Transfer of Triangle Square Affordable Housing for LGTBQ Seniors

January 30, 2023

January 30, 2023

Fifteen years after the opening of Hollywood’s Triangle Square Apartments, the nation’s largest LGBTQ-affirming affordable housing complex for seniors, the...

Jurors Unable to Reach Verdict in Fatal Crash Trial

January 20, 2023

January 20, 2023

By Susan Payne A 33-year-old transgender woman was convicted on Jan. 9 for a hit-and-run with permanent and serious injury...

San Francisco Launches Guaranteed Income for Transgender People Program

January 20, 2023

January 20, 2023

By Susan Payne San Francisco has launched a pilot program that guarantees income for transgender residents.  The Guaranteed Income for...

AIDS/LifeCycle Announces New Santa Monica Beachside Finish Line

January 19, 2023

January 19, 2023

545-mile bike ride to finish in Santa Monica June 10 AIDS/LifeCycle, the seven-day, 545-mile bike ride fundraiser traversing the golden...

California Protects Out-of-State Parents, Youth Seeking Gender-Affirming Care

January 12, 2023

January 12, 2023

By Susan Payne  Over 20 states have aimed to limit youth LGBTQ+ gender-affirming health care in 2022, but California is...

LGBTQ+ Side Quest Written in God of War Ragnarok

January 12, 2023

January 12, 2023

By Susan Payne Sony Santa Monica has hidden a tragic LGBTQ_ side quest in its God of War Ragnarok game,...

Senior LGBT Retirement Development in Palm Springs to Open in 2023

January 12, 2023

January 12, 2023

By Susan Payne  For LGBTQ folks looking for a supportive community in Palm Springs, Living Out is now accepting reservations...

Man With Gun Spotted Inside West Hollywood, Spurring Fear

December 26, 2022

December 26, 2022

By Susan Payne Weeks after a deadly mass shooting in a Colorado LGBTQ+ club, a man in a West Hollywood...

Gay Actor’s Affection for Date ‘Unwelcome’ at LA Restaurant

December 26, 2022

December 26, 2022

By Susan Payne  Support is being poured for a gay actor who was on a date at a Mexican restaurant...

OR Bar WeHo Now Open in West Hollywood

December 26, 2022

December 26, 2022

By Susan Payne West Hollywood welcomed a new gay bar in the city this month. OR Bar WeHo, located at...

LA County Hate Crimes Reach Highest Level in 20 Years

December 19, 2022

December 19, 2022

Results from  Los Angeles County Commission on Human Relations show hates crimes are are among the highest seen since 2002...

Third Former Major League Baseball Players Comes out as Gay

December 19, 2022

December 19, 2022

By Susan Payne This December, love is taking the place of the shame for former major league baseball player T.J....

Former Transgender City Employee Violently Arrested in West Hollywood

December 19, 2022

December 19, 2022

By Susan Payne The Los Angeles County Sheriff’s Department in West Hollywood violently arrested a disabled transgender woman inside of...