HHS Ruling Web

May 1, 2019

This week, a coalition of national LGBTQ organizations – Out & Equal Workplace Advocates, Out Leadership, The Human Rights Campaign, and The National Center for Transgender Equality – published an analysis regarding the Department of Health and Human Services (HHS) intention to revise regulations to its non-discrimination policy. Such revisions may present significant challenges to the transgender community. Click here to view this detailed overview. 

Brief Overview

As reported by the Washington Post and others last week, HHS plans to publish proposed changes in section 1557 of Affordable Care Act, which threatens to undermine access to life-saving care for transgender people. Since 2012, this section – which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities – has been consistently interpreted to include discrimination on the basis of sex stereotyping and gender identity.

The proposed changes may expressly state that sex discrimination does not include gender identity or sex stereotyping/sexual orientation discrimination.  It may also contain new religious and/or conscience exemptions.

What it Means for Your Employees:

What You Can Do:

What it Means for Your Company: