New rules proposed by the U.S. Department of Health and Human Services (HHS) would effectively prohibit health care plans from denying coverage to transgender people for various treatments for gender dysphoria. The HHS rules, intended to implement nondiscrimination provisions contained in the Affordable Care Act, would classify gender identity discrimination as sex discrimination. To comply, plans would have to cover medically necessary medications, surgeries or other treatments for gender dysphoria if they cover similar services to non-transgender people with other medical conditions.
Once finalized, the HHS rules will apply to health insurance plans sold on either state or federal health care exchanges, Medicaid, the Children’s Health Insurance Program, Medicare, the Indian Health Service, and any health care provider who accepts federal funds. The rules will not apply to private health plans who neither accept Medicare or Medicaid and who offer insurance plans outside of the exchanges. While the rules do not specifically address programs such as veterans’ and military health care, those agencies are expected to implement the nondiscrimination provisions into their programs.
“The Department of Health and Human Service’s proposed rules have the potential to be life-saving for transgender people,” Mara Keisling, executive director of the National Center for Transgender Equality, remarked in a statement. “These rules will help finally make the promise of the Affordable Care Act real for transgender people — that they can find affordable health insurance that covers the essential care they need and doesn’t exclude care simply because of who they are.”
HHS will be accepting public comments on the proposed rules for 60 days.
On April 19, the Biden administration issued new rules outlining schools' obligations under Title IX, the federal law prohibiting sex-based discrimination -- including explicit protections for LGBTQ students.
The new rules, which take effect August 1, expand Title IX's protections against sex-based discrimination in educational programs that receive federal funding by prohibiting discrimination and harassment based on sexual orientation and gender identity in federally-funded educational programs.
That explicit expansion of the law seeks to align Title IX guidance with the principles undergirding a landmark 2020 Supreme Court decision finding that the Civil Rights Act protects LGBTQ workers from workplace discrimination, and that instances of anti-LGBTQ discrimination are inherently a form of sex-based discrimination.
More than a dozen female athletes have sued the National Collegiate Athletic Association over its transgender athlete participation policy.
The 16 female athletes bringing the lawsuit allege that the NCAA’s policy violates their civil rights under Title IX, a federal law that prohibits sex-based discrimination at any educational institution receiving federal funds.
Title IX has ensures that more schools provide athletic teams to women, thereby creating more opportunities to compete.
The athletes at the center of the lawsuit claim that transgender women who have undergone male puberty have a natural physiological advantage over cisgender women.
University of South Carolina women's basketball coach Dawn Staley grabbed headlines this past weekend when she weighed in on the side of allowing transgender athletes to participate in sports.
On April 6, the day before her Lady Gamecocks were to play in the NCAA Division I "March Madness" Tournament Championship game against Iowa, Staley -- who freely offers her opinion on any topic, regardless if her comments may offend some people -- was asked about her position on transgender athletes competing in women's sports.
The question came from Dan Zaksheske, a reporter for OutKick, a website with a strong conservative viewpoint that markets itself as an "everyman" alternative to mainstream sports news outlets.
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