Dive Brief:
- On August 23, five states and several provider organizations filed a lawsuit against HHS over a rule banning discrimination against transgender patients.
- The rule in question was finalized on May 13. It would eliminate federal funding to providers and payers who deny healthcare services to patients based on their gender identity.
- Plaintiffs argue the rule strips doctors of their ability to exercise medical judgment when determining appropriate healthcare coverage.
Dive Insight:
A group of states and provider organizations are taking on a recent rule change that bars covered entities from denying healthcare to patients based on their sex and gender identity. Plaintiffs say the rule is a violation of states’ rights and individual religious beliefs.
Texas, Wisconsin, Nebraska, Kansas, and Kentucky have banded with the Christian Medical & Dental Association and the Franciscan Alliance, a Catholic health network, in the lawsuit. They claim that the rule attempts to redefine the word “sex” to include gender identity even though Congress has consistently used the term “sex” to refer to gender status at birth.
The National Center for Transgender Equality had previously called the rule change “one of the biggest wins for transgender people at the national level.” It was the first federal civil rights law to ban discrimination based on gender identity.