The Department of Health and Human Services on Friday released a final rule aiming to protect individuals from discrimination in healthcare, including members of the LBGTQ+ community.
This is a huge step forward to LGBTQ+ Equity,” Sherrill Wayland, senior director of special initiatives and partnerships at SAGE, told the McKnight’s Business Daily. “A main concern for older LGBTQ+ people when seeking services from a skilled living community is the fear of discrimination.” Section 1557 will help ensure that older LGBTQ+ people will not face discrimination in admission and services. The Long-term Care Equality Index, a program of SAGE and the Human Rights Campaign Foundation, is excited to work with any long-term care community who is ready to update policies and practices as they meet the requirements of Section 1557.”
The rule “reverses a Trump-era regulation and restores gender identity and sexual orientation discrimination protections under Section 1557 of the Affordable Care Act,” Bloomberg Law reported.
Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or disability by entities that primarily provide healthcare and receive federal funding. It is enforced by the HHS Office for Civil Rights.
“Section 1557 will help ensure that older LGBTQ+ people will not face discrimination in admission and services. The Long-term Care Equality Index, a program of SAGE and the Human Rights Campaign Foundation, is excited to work with any long-term care community who is ready to update policies and practices as they meet the requirements of Section 1557,” Wayland said.
“Justice in Aging applauds HHS OCR for restoring and further strengthening vital anti-discrimination and language access protections,” the organization, which fights older adult poverty, said Monday in a statement.
The group said it “looks forward to working with HHS and our advocacy partners across the country to implement and enforce this rule and uphold the rights of older adults in accessing health coverage and services.”
Omar Gonzalez-Pagan, counsel and healthcare strategist for Lambda Legal, said in a statement that the rule “restores critical regulatory nondiscrimination protections for those who need them most and ensures a legally proper reading of the Affordable Care Act’s healthcare nondiscrimination law.”
Friday’s final rule also addresses the increasing use of artificial intelligence in health programs and activities, and it clarifies that nondiscrimination in health programs and activities continues to apply to the use of AI, clinical algorithms, predictive analytics and other tools.
“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system, and means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS,” HHS Secretary Xavier Becerra said Friday in a statement. “I am very proud that our Office for Civil Rights is standing up against discrimination, no matter who you are, who you love, your faith or where you live. Once again, we are reminding Americans we have your back.”
