Key TakeawaysThe HHS announced that the federal government will protect gay and transgender people against sex discrimination in health care.Several states have introduced or passed laws aimed at limiting health care for members of the LGBTQ+ community.Avoiding health care because of fear of discrimination can put LGBTQ+ people at risk of medical issues.
Key Takeaways
The HHS announced that the federal government will protect gay and transgender people against sex discrimination in health care.Several states have introduced or passed laws aimed at limiting health care for members of the LGBTQ+ community.Avoiding health care because of fear of discrimination can put LGBTQ+ people at risk of medical issues.
“The Supreme Court has made clear that people have a right not to be discriminated against on the basis of sex and receive equal treatment under the law, no matter their gender identity or sexual orientation,”HHS Secretary Xavier Becerrasaid in the agency’s statement. “Fear of discrimination can lead individuals to forgo care, which can have serious negative health consequences. It is the position of the Department of Health and Human Services that everyone—including LGBTQ people—should be able to access health care, free from discrimination or interference, period.”
Experts praise the decision but stress that this is just the beginning for policies and work that needs to be done.
“This is an important and much welcomed first step,”Ellen LaPointe, CEO of Fenway Health,a multi-office medical practice that serves LGBTQ+ patients, tells Verywell. “But much more needs to be done to ensure that everyone—including the most marginalized and at-risk people in our communities—is afforded the same rights and access to healthcare.”
What Does the Rule Do?
In the HHS statement, Becerra states that the agency will now align with a Supreme Court workplace discrimination decision made last year. This case established that federal laws against sex discrimination on the job also apply to gay and transgender people.
Because of this, the HHS Office for Civil Rights will now begin investigating complaints of sex discrimination on the basis of sexual orientation and gender identity once more.
“This is a critical moment for the LGBTQ community to know there are people fighting for them,”Robert Garofalo, MD, MPH,division chief of adolescent medicine at Lurie Children’s Hospital in Chicago, tells Verywell.
Experts expect some state governments to legally challenge this rule.
Restricted Access to Health Care Under Trump
The Trump administration’s rollback of protections against discrimination in health care opened the door for a host of anti-transgender bills nationwide.
According to information from Fenway Health, since the rollback, over 250 anti-transgender bills have been filed, with eight signed into law and another 10 awaiting governors’ signatures. Examples include:
For the Transgender Community, Accessible Health Care Can Be Life-Changing
“As a physician, and as a queer person, I’m stymied that we continue to have this discussion," Garofalo says. “Without these protections, we know that access to health care on the margins—which are the populations we’re talking about here—may choose to not seek out health care because they are worried about being turned away or being othered.”
More Work Needs to Be Done
“We’re celebrating this as a win, and yet all it does is open a door,” Garofalo says. “There’s still a lot to do to make sure everyone feels welcome coming through the door and is treated with empathy, cultural competency, and cultural respect.”
Many healthcare providers need to take personal steps to improve their care for people in the LGBTQ+ community.
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LaPointe says many LGBTQ+ individuals may not even know that some private practices and academic medical centers may have healthcare providers who are themselves part of the community or simply enthusiastic to treat this community. “And the options have expanded with telehealth," LaPointe says. “At Fenway, telehealth has vastly expanded our reach, especially where there may be no providers for someone to turn to.”
What This Means For YouIf you are seeking care and have trouble finding a physician, reach out to academic medical centers near you and ask if they have a center or providers who specialize in LGBTQ+ care. You can also find a list of health providers who welcome members of the LGBTQ+ communityhere.
What This Means For You
If you are seeking care and have trouble finding a physician, reach out to academic medical centers near you and ask if they have a center or providers who specialize in LGBTQ+ care. You can also find a list of health providers who welcome members of the LGBTQ+ communityhere.
2 SourcesVerywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Turban JL, King D, Carswell JM, Keuroghlian AS.Pubertal suppression for transgender youth and risk of suicidal ideation.Pediatrics. 2020;145(2):e20191725. doi:10.1542/peds.2019-1725Hughto JMW, Pletta D, Gordon L, Cahill S, Mimiaga MJ, Reisner SL.Negative transgender-related media messages are associated with adverse mental health outcomes in a multistate study of transgender adults.LGBT Health. 2021;8(1):32-41. doi:10.1089/lgbt.2020.0279
2 Sources
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.Turban JL, King D, Carswell JM, Keuroghlian AS.Pubertal suppression for transgender youth and risk of suicidal ideation.Pediatrics. 2020;145(2):e20191725. doi:10.1542/peds.2019-1725Hughto JMW, Pletta D, Gordon L, Cahill S, Mimiaga MJ, Reisner SL.Negative transgender-related media messages are associated with adverse mental health outcomes in a multistate study of transgender adults.LGBT Health. 2021;8(1):32-41. doi:10.1089/lgbt.2020.0279
Verywell Health uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read oureditorial processto learn more about how we fact-check and keep our content accurate, reliable, and trustworthy.
Turban JL, King D, Carswell JM, Keuroghlian AS.Pubertal suppression for transgender youth and risk of suicidal ideation.Pediatrics. 2020;145(2):e20191725. doi:10.1542/peds.2019-1725Hughto JMW, Pletta D, Gordon L, Cahill S, Mimiaga MJ, Reisner SL.Negative transgender-related media messages are associated with adverse mental health outcomes in a multistate study of transgender adults.LGBT Health. 2021;8(1):32-41. doi:10.1089/lgbt.2020.0279
Turban JL, King D, Carswell JM, Keuroghlian AS.Pubertal suppression for transgender youth and risk of suicidal ideation.Pediatrics. 2020;145(2):e20191725. doi:10.1542/peds.2019-1725
Hughto JMW, Pletta D, Gordon L, Cahill S, Mimiaga MJ, Reisner SL.Negative transgender-related media messages are associated with adverse mental health outcomes in a multistate study of transgender adults.LGBT Health. 2021;8(1):32-41. doi:10.1089/lgbt.2020.0279
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