This Pride Month, I’m reflecting on the stories I’ve heard from LGBTQI+ communities across the country. I have heard from parents who had to move (leaving their homes, friends, and lives) for the safety and health of their children. I think about parents who cannot afford to leave their communities and are harassed daily simply for loving their children. I feel sorry for our trans and non-binary siblings who endure the stress and burden perpetuated by hateful laws and rhetoric. I am encouraged by advocates and communities across the country who are showing up and standing up to fight for equality. I feel joy for members of the LGBTQI+ community who are deeply proud of their identity and live their full lives with pride.
I am with them in this fight. I want us to collectively build a more equitable and inclusive future, where healthcare is accessible and free of discrimination for all. That’s why, this Pride Month, I’m especially proud to take another step to ensure access to health care for LGBTQI+ Americans. On April 26, my office, the Office for Civil Rights, issued a final rule implementing Section 1557 of the Affordable Care Act. This rule prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sexual characteristics) in health care. It will affect many people across the country, including those in the LGBTQI+ community.
The Rule helps protect people from discrimination in all covered health programs and activities at HHS, regardless of the type of care they seek or access. The Rule prohibits categorical denials of health care services and coverage based on an individual’s sex, including sexual orientation and gender identity. Our goal is to make sure you can go to the doctor without fear of stigma or discrimination. After hearing from more than 85,000 of you, I want to thank many of you for commenting on the rule. It’s hearing from you (and what you’ve experienced and your stories) that informs and shapes how the rule is written.
Another rule I am proud of is the Section 504 Rule, which promotes equity and strengthens protections for people with disabilities. Among other protections, the rule prohibits denying medical treatment based on prejudice or stereotypes about a patient’s disability, including HIV status or gender dysphoria. Additionally, our HHS Grants Rule protects LGBTQI+ people by clarifying and reaffirming that recipients of specific HHS grants are prohibited from discriminating on the basis of sex, including sexual orientation and gender identity discrimination, consistent with the decision of the Supreme Court in Bostock v. Clayton County.
While too many states are passing cruel laws, I want to remind you that you have rights, which are enforced through federal laws like the ones I mentioned above. I also want to highlight that you have privacy rights. My office enforces the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule, which gives you important rights, including your ability to keep your protected health information private and access a copy of your records. It is very important to be able to access your own medical information when you need it, especially if care is restricted in your state and you can receive care in another.
If your provider has denied you access to a copy of your medical record or if you have experienced unlawful discrimination in your search for medical care or human services, please let us know by filing a complaint with my office: https://ocrportal.hhs.gov/
Additionally, as part of the LGBTQI+ Community Safety Partnership established in June 2023 with HHS, DOJ, and DHS, OCR helped update a white house resource guide to ensure the safety and well-being of the LGBTQI+ community.
In the spirit of Pride Month, everyone should be proud of the contributions they have made to help HHS create a more just and inclusive health care system that equitably cares for and meets the needs of everyone. Through partnership and law enforcement, OCR helps protect access to health care, because all people deserve health care that is safe, culturally competent, and free of discrimination. I stand by your side and work every day to ensure we build a stronger foundation for our healthcare system to support a healthier, more equitable future for all!
