Dive Brief:
- HHS late last week released a final rule aimed at advancing health equity and reducing disparities in the provision of healthcare based on factors including race, color, sex, gender identity and sex stereotyping--which adds new protections under the law for transgender patients.
- The Nondiscrimination in Health Programs and Activities rule expands on a section of the Patient Protection and Affordable Care Act (PPACA) and makes it the first federal civil rights law to broadly ban discrimination based on sex in federally funded healthcare programs.
- The rule, originally proposed in September 2015, drew more than 2,000 letters during the comment period that ended last Nov. 9, Modern Healthcare noted.
Dive Insight:
The rule specifies the nondiscrimination responsibilities for healthcare providers and insurers that receive federal funds and sell ACA health plans.
Its requirements include treating women and men equally in the healthcare they receive and how they are charged. The rule prohibits denial of care or coverage based on an individual’s sex. It also adds protections for the disabled and language assistance for those with limited English.
The rule is likely to remain contentious as it pushes religious hospitals into a position they argue goes against their freedom, as with issues around birth control and abortion, Modern Healthcare noted. The rule, amid heated national debate on the subject, also specifies transgender individuals can use bathrooms and hospital wards consistent with their gender identity.
The rule does not say insurers must provide coverage for gender-transition services, though insurers may have to answer questions if they deny coverage for medically necessary services related to gender transition, Modern Healthcare added.