HHS Eliminates Protection From Health Care Discrimination Based On Gender Identity

On June 12, 2020, the federal Department of Health and Human Services (HHS) finalized changes to a section of the Patient Protection and Affordable Care Act (PPACA) to eliminate protections from discrimination based on gender identity. The change affects Section 1557 referring to sex discrimination. The HHS Office of Civil Rights said it will enforce Section 1557 by returning to the government’s interpretation of “sex” discrimination based on the presence of male or female genes. HHS said this was the plain meaning of the word “sex.” The rule is effective August 18, 2020.

Section 1557 of the PPACA is . . .