GLMA Applauds HHS Rule Reversal on Trump-Era “License to Discriminate” Regulation

PRESS RELEASE
FOR IMMEDIATE RELEASE
JANUARY 9, 2023

Contact: Eli Duffy
Communications & Development Manager
eduffy@glma.org


WASHINGTON D.C. — Today, GLMA: Health Professionals Advancing LGBTQ+ Equality celebrates the Biden-Harris Administration's announcement of its final rule to revise a Trump-era policy that dismantled vital protections for beneficiaries of federally funded health care programs and eliminated essential notice requirements aimed at ensuring beneficiaries are aware of their rights to be free from discrimination and their right to an alternative, non-religious provider. These changes represent a significant win for health equity, as it reinstates these vital protections and requirements.

This final rule restores the longstanding process for handling conscience complaints, strengthens safeguards to protect against conscience and religious discrimination, and partially rescinds the 2019 Rule, Protecting Statutory Conscience Rights in Health Care; Delegations of Authority, 84 Fed. Reg. 23,170 (May 21, 2019), which was held unlawful by three federal district courts.

Prior to implementing this final rule change the Department of Health and Human Services (HHS) received more than 48,000 submissions during a public comment period related to the proposed rule. The Department received numerous comments that raised concerns over access to health care generally.

Specifically, comments submitted from numerous major professional health care organizations and their members, including GLMA’s membership, discussed the negative impact that refusals of care have on people of historically-excluded populations, such as the LGBTQ+ community. These refusals exist against the backdrop of barriers many patients already face, especially among Black, Indigenous, and other people of color. These disparities are heightened for individuals living in rural areas, religious minorities, and people with disabilities. Submitted comments about the regulations encompassed concerns such as patients being denied immediate emergency room care and access to ongoing gender-affirming care. Comments also included instances where providers shamed patients for taking PrEP medication or refused to process lab specimens for individuals living with HIV.

"When health professionals can refuse service to patients, including those seeking life-saving care, it not only jeopardizes the well-being of individuals but also undermines the fundamental principles of health care – namely, the principles of beneficence, nonmaleficence, and justice," said Alex Sheldon, GLMA Executive Director. "This revision restores essential safeguards for beneficiaries of federally funded healthcare programs, particularly benefiting the LGBTQ+ community. The change sends a clear message that discrimination has no place in healthcare, marking a significant stride towards a more inclusive and equitable healthcare system for all."

"GLMA is proud to have contributed to the collective efforts advocating for the reinstatement of vital protections dismantled under the previous administration” said Jesse Joad, MD, MS  GLMA President. “This significant win represents a crucial step towards ensuring that all individuals, regardless of their background, identity, or medical needs, have access to nondiscriminatory and compassionate health care. It is a testament to the power of advocacy in shaping policies that promote a more inclusive and just healthcare system for everyone."

About GLMA: Health Professionals Advancing LGBTQ+ Equality
GLMA is a national organization committed to ensuring health equity for lesbian, gay, bisexual, transgender, and queer (LGBTQ+) communities and equality for LGBTQ+ health professionals in their work and learning environments.  To achieve this mission, GLMA utilizes the scientific expertise of its diverse multidisciplinary membership to inform and drive advocacy, education, and research.