May 24, 2019
On May 24, the Trump Administration announced a new proposed rule that would change the interpretation of the Affordable Care Act’s nondiscrimination provision to no longer include LGBTQ people.
It is alarming that the Trump administration is leveling yet another attack on the rights of LGBTQ people.
But, there are a couple of important things to note:
First, this is only the announcement of a proposed rule change. Nothing is changing right now.
The next step is a required period for public comment, which means we can all weigh in with our concerns about this proposal, and we encourage you to do so. We won’t know for sure what the final rule will look like until that public comment period is over.
If you’d like to take action, visit www.protecttranshealth.org to add your comment on why you oppose this proposed rule.
Second, no matter what the final rule says, the Trump administration cannot change the law on a whim.
Federal law has been interpreted by multiple federal courts to prohibit discrimination against LGBTQ people, in cases that apply in the health care context. Those decisions are controlling; the meaning and scope of federal protections ultimately turns on federal court interpretation, not that of the administration.
We also have strong state laws and regulations across New England that protect you from discrimination and protect your right to access health care. The proposed federal rule change does not alter those state laws. Contact us at www.GLADAnswers.org if you need more information.
The bottom line is that nothing is changing right now, and you still have rights to nondiscriminatory health care – but the Trump administration is working to make it harder for you to enforce those rights.
GLAD will be closely monitoring developments, and if you think you are being treated differently, or are experiencing discrimination, please contact us right away.