Comments on Affordable Care Act Regulations Covering Transgender Health Care

SUMMARY

The Lesbian, Gay, Bisexual, and Transgender Rights Committee submitted comments in response to the Notice of Proposed Rulemaking (“NPRM”) on Nondiscrimination in Health Programs and Activities under Section 1557 of the Affordable Care Act (the “ACA”). Specifically, the LGBT Rights Committee offered comments on the questions raised in the NPRM as they relate to ensuring that transgender and gender non-conforming people are not discriminated against in health programs and activities covered by the ACA. The Committee supported the adoption of the proposed regulations defining “sex” to include gender identity, ensuring transgender people are not barred from treatments that are traditionally sex-specific, and prohibiting categorical exclusions of treatments related to gender transition. The Committee also opposed creating any religious exemptions in Section 1557 with respect to the requirements of the proposed rule relating to sex discrimination.