Biden administration restores protections for gay and transgender Americans seeking health care

Wilshire@lemmy.world to politics @lemmy.world – 562 points –
Biden administration restores protections for gay and transgender Americans seeking health care | CNN Politics
cnn.com
62

Every doctor I’ve had as an adult, except my university health center doctor and planned parenthood doctor, has been hesitant towards my “gay” care. Things like saying I have multiple sexual partners make them wince when I say I want to be tested for STDs on a regular basis. Only my gay friendly providers offered me an anal exam when I said I was generally the receptive partner (to check for warts, hemorrhoids, sores, etc).

20 plus years ago when I first started working in healthcare anal pap smears weren't covered by insurance because paps were considered a "woman's test" and good luck finding a provider that would do them or a lab that would process them. Now it is considered routine testing covered by insurance and more doctors are learning to include this type of care while in med school. It breaks my heart to think about how many people don't get the care they need because of social prejudices and the slow crawl of progress.

My doctor is with APLA in the Los Angeles area. LGBTQ+ flags and banners all over the doctor's office. I wish every LGBTQ+ person had this type of healthcare.

https://aplahealth.org

Can anyone give us summary over what does enables other than insurance companies and health care providers Can't Turn You Away for simply lgbtq+

Obama included gender, independent of sex, in anti-discrimination law for healthcare. Trump repealed it. Biden put it back.

Project 2025 is already planning to pull it back.

Vote, people.

I mean obviously that's good news but how does this change anything besides adding additional guidelines to what a healthcare provider can refuse

It protects gender-affirming care on a federal level, for one. It also makes it illegal to discriminate against transgender and nonbinary people pursuing gender-related care.

Okay that's good news but how does that relate to states that do have bans on gender affirming care like Texas? Does this give the hospital room to fight or something?

It overrules them. States cannot enact laws that are contrary to federal law. The laws that the states created were legal due to the absence of federal law, thanks to Trump’s repeal.

Those states and Individual healthcare providers are 100% going to ignore those laws. I live in a red state and we routinely flout federal law.

And you can only really legislate against discrimination that people are stupid enough to document. They won’t say that they aren’t treating me because I’m trans, but because of some other reason. Just like the job that recently fired me and refused to pay me for ANY of the work I did, didn’t officially fire me because I’m trans :)

They will lose if a case is brought to court.

Bringing a case to court requires access to the financial means to hire a lawyer, or having a case egregious and documented enough to find a lawyer to work for you pro bono.

And you won’t be able to sue at all if you die because they refuse you care (I guess your family can 🤷‍♂️) - there have been multiple cases of transgender women dying because EMTs refused to treat.

Red states don’t operate by rule of law. Oklahoma had a police department recorded talking about how much they wanted to kill black folks last year, pretty much nothing happened.

I think that the down votes are telling about the kind of crowd this instance attracts; they either refuse to accept that this is true or they've never seen it

Just maybe from a more optimistic world.

I’d love to be there. I’ve been fired from two different jobs for being trans - not even good jobs, day labor shit. My birth name still shows up on the background check.

Latest one is refusing to pay me, and insisting that I wasn’t even hired. I’ve reached out to the Labor department, but red states genuinely don’t give a shit. I’m probably just going to have to eat it.

With medical care, I’ve definitely overheard unpleasant conversations when they were deciding where to room me. The biggest scare is what happens if my current HRT provider is driven out of state - I used to use Planned Parenthood, but would have to wait 3-4 hours to be seen at my appointments….

This places aren’t livable for trans people. Please listen to a trans person, who lives in a red state. They do not give a shit what laws are on the books - OK and FL have already directed their schools to ignore Title IX guidelines. Laws will not protect us.

https://www.erininthemorning.com/p/erins-2024-anti-trans-legislative

you're preaching to the choir; i've also had the bad luck of experiencing my government shit on me and having others refusie the believe it happened (like those on the fediverse are doing to you rn) and i get that reminder of it every time someone says that biden is the most pro-lgbt president we've ever had.

Sadly this means nothing unless it’s enshrined in law and we get a new, not fascist supreme court.

And neither party currently supports doing this.

Of course not. The Dems can't do it because not doing it by the book sets a dangerous precedent (really as authoritarian as it gets), and the Republicans can't do it because it's benefiting them. Best you can hope for is be able to impeach at least Thomas. Dems need more seats in Congress for that.

Took him long enough

Yours truly, a LGBTQ person

This is the best summary I could come up with:


The Biden administration announced a new rule Friday expanding safeguards against potential discrimination of gay and transgender Americans seeking medical care, in a reversal of Trump-era limitations that nixed federal health protections for members of the LGBTQ+ community.

In a set of expansive new rules unveiled by the Department of Health and Human Services, the department moved to advance civil rights protections for patients by barring health providers and insurers receiving federal funding from discriminating against those seeking care on the basis of gender identity or sexual orientation.

The HHS rule restores Obama-era protections for transgender patients that the Trump administration rolled back in 2020 — a move that was condemned by LGBTQ+ advocacy and human rights organizations.

The contested rule stems from Section 1557 of the Affordable Care Act, which bars “discrimination on the basis of race, color, national origin, sex, age or disability in specified health programs or activities.” The new HHS guidelines stipulate that while Section 1557’s prohibition on sex discrimination includes LGBTQ+ patients — and bans limiting access to care based on a patient’s sex assigned at birth or gender identity — exemptions based on health care providers’ religious beliefs still apply.

A 2016 interpretation of the clause under President Barack Obama expanded the ban on sex discrimination to encompass gender identity, but the HHS under Trump announced, on the four-year anniversary of the Pulse Nightclub shooting, that it was striking “certain provisions of the 2016 Rule that exceeded the scope of the authority delegated by Congress in Section 1557.”

That move swiftly met with legal opposition from LGBTQ+ advocacy groups and was blocked by a federal judge a day before it was set to take effect.


The original article contains 551 words, the summary contains 264 words. Saved 52%. I'm a bot and I'm open source!

Why did it take 4 years? Oh, the election.

Huh. So odd that, given how long ago this started, he just now decides to eliminate the law that this came from. During election year. Soooooo weird.

Edit: if you guys seriously have no problem with how Biden let the LGBTQ community get screwed over after all this time up until now, during election season of all times, I don't know what to tell you. The irony. I will die on this hill.

Edit: so I guess they have been working on this awhile. I still think the timing is incredibly sus, though. However, I am glad that they did at least start on this awhile back.

good things are actually bad every four years, I prefer perfect, the enemy of good

There needs to be something like the narcissists prayer for people who say stuff like this.

Let's call it the haters prayer.

"He didn't help."

"And if he did, it wasn't even that great."

"And if it was, it's not even really due to him"

"And if it was, it still doesn't matter due to $INSERT_WHATABOUTISM_HERE"

"And if it still matters, he only did it to help himself (get elected)."

Amen.

This bill doesn't affect me and I still think it's suspiciously timed. So how is this narcissism? Genocide Joe sucks. Too say otherwise is lying to yourself and others

I never said this was narcissistic, I meant that, similar to the moving goalposts of the narcissists prayer being used by a narcissist for justification, some look for more and more reasons to discount good things that others have done.

It's called "criticism". Your shortsided-ness must not do you any favors.

Oh you can criticize all you want.

Does the fact that the article states the administrations intended to work on this in 2021, and has been working on that since then earn them any grace?

How come it's just now going into effect?

Fuck if I know, do you know how long the process typically takes? I certainly don't. I was googling this while walking the dog, I'm no expert.

I work as a government contractor and from my experience things can be held up by the silliest little things, and processes take a lot of time.

When the recent XZ security exploit, everyone was all worried about it nearly making it's way into Debian, a popular flavor of Linux, and at work we just laughed and said that means we'd have to worry about it it in 10 years because we're that slow.

Well then, yeah, I'd say it'd earn them a little grace, and I appreciate you actually talking about it instead of going down the "uR uH rUsSiAn TrOlL111one!" path. I still think it's convenient timing, but it's nice to see this was at least set into motion awhile back.

Yeah, an argument could be made that 2022 was a Senate election year, and this was fueled by that, but at that point we're invalidating 2/4 years a president has to make changes.

On top of this, I wouldn't be surprised by the first year being slow as they get situated, meaning year 3 is the only year that "sincere" change can be expected to be made, which is kind of....harsh. I'd hate for my accomplishments to only count 25% of the time.

I also really appreciate the discourse - I hope you have a great day.

Now that I think about it, didn't Biden come into a locked GOP senate? I suppose it could be possible they were making it difficult as well maybe? Anyhow yeah, same. Thanks for the engaging conversation choom.

27 more...