Matt Eyles, president and CEO of America’s Health Insurance Plans (AHIP), has welcomed the decision of US Department of Health and Human Services (HHS) to enforce healthcare discrimination prohibitions based on sexual orientation and gender identity. The HHS recently announced to enforce Section 1557 of the Affordable Care Act.
- Discrimination Affects Health Outcomes: Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs or activities. The update was made in light of the US Supreme Court’s decision in Bostock v. Clayton County and subsequent court decisions. Discrimination in health care impacts health outcomes. Research shows that one quarter of LGBTQ people who faced discrimination postponed or avoided receiving needed medical care for fear of further discrimination.
- Every American Deserves Care: Applauding the HHS move, Eyles said that every American deserves access to high-quality, affordable health care, regardless of race, color, national origin, sex, gender identity, sexual orientation, age, or disability. He said health insurance providers will continue to work with other health care leaders to eliminate barriers that stand between Americans who identify as a member of the LGBTQIA community and their better health. “Discrimination and inequality are wrong in any form. We applaud the announcement,” he stated.
- Right to Equal Treatment : HHS Secretary Xavier Becerra said “The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation. “Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. 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.”
- Supreme Court’s Decision: On June 15, 2020, the Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII)’s prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity. The Bostock majority concluded that the plain meaning of “because of sex” in Title VII necessarily included discrimination because of sexual orientation and gender identity.
- OCR to Enforce Section 1557: The Office for Civil Rights at the HHS is responsible for enforcing Section 1557 of the Affordable Care Act and regulations issued under Section 1557, protecting the civil rights of individuals who access or seek to access covered health programs or activities. Covered entities are prohibited from discriminating against consumers on the basis of sexual orientation or gender identity.