GLMA Applauds Biden-Harris Administration for Strengthening Health Care Nondiscrimination Protections for LGBTQ+ Communities with Finalized Affordable Care Act (ACA) Rule

PRESS RELEASE
FOR IMMEDIATE RELEASE
April 29, 2024

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

WASHINGTON D.C. — GLMA: Health Professionals Advancing LGBTQ+ Equality commends Friday’s announcement from the Biden-Harris Administration announcing the finalization of rule section 1557 of the Affordable Care Act (ACA). Issued via the US Department of Health and Human Services (HHS), this critical rule marks a significant step in safeguarding access to healthcare services and insurance coverage for LGBTQ+ individuals and other underserved communities nationwide.

Section 1557 “prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in any health program or activity that receives Federal financial assistance, State-based health insurance Exchanges, and HHS health programs and activities, and is one of the government’s most powerful tools to ensure nondiscriminatory access to health care. This rule provides clarity on Section 1557 and will help ensure nondiscriminatory access to care for all, including women, people with disabilities, LGBTQI+ people, people with limited English proficiency (LEP), people of color, and people regardless of age.”

This rule clarifies and reaffirms protections based on gender identity and sexual orientation, and aligns with the 2020 Supreme Court's Bostock decision, which upheld discrimination protections for LGBTQ+ employees in the workplace. It also emphasizes language access for non-English speakers and aims to advance health equity by ensuring nondiscriminatory healthcare access for all, including historically excluded communities such as transgender, non-binary, and intersex individuals, those with limited English proficiency, people with disabilities, and those seeking reproductive health care. Additionally, the rule introduces new protections against discrimination in telehealth services and the use of AI or machine learning in health care decision-making tools.

By reversing the damaging regulations of the Trump era and affirming that health care and insurance coverage cannot be denied based on sexual orientation or gender identity, this final rule is a critical step toward dismantling barriers to care and advancing health equity for LGBTQ+ and other underserved communities. 

"We are living in a time when state legislatures are systematically eroding the fundamental rights to health care for LGBTQ+ individuals, with a deliberate focus on restricting access to transgender medical care, ” said Alex Sheldon, MA, GLMA Executive Director. “Against this backdrop, it is encouraging to witness the Biden-Harris Administrations’s dedication to protecting health care access for everyone, irrespective of identity. The specific protection of trans individuals at the Federal level is vital to counteract the surge of discriminatory policies currently facing the trans community."

"The final ruling on Section 1557 profoundly reinforces the core commitment of health care providers to 'do no harm,'’ said Jesse Joad, MD, MS, GLMA President. “By introducing clear protections for LGBTQ+ individuals, this regulation ensures that health providers adhere to both the letter and spirit of their commitment in every patient interaction. This ruling highlights the critical role of healthcare workers in creating a safe and welcoming environment for all patients, reinforcing their duty to foster inclusivity and safety in healthcare settings.” 

Learn more about the rule change through the HHS’s ACA Section 1557 Fact Sheet.

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.