The Department of Health and Human Services (HHS) is set to prioritize health equity, particularly for the LGBTQ community, should President Joe Biden secure a second term in office.
This was revealed in an interview with the LGBTQIA Washington Blade by Xavier Becerra, the Secretary of Health and Human Services, and Dr. Rachel Levine, a transgender pediatrician and diversity hire.
The duo indicated that their mission, contingent on Biden's reelection, would be to enhance "equity" for LGBTQ individuals and services. This could potentially include compelling hospitals to risk their federal funding if they refuse to perform gender reassignment surgeries for minors.
According to the Blade, Becerra and Levine plan to build on their recent achievements, which include the issuance of a final rule in April. This rule clarified that discrimination based on sexual orientation and gender identity is prohibited under the Affordable Care Act, applying the Supreme Court's 2020 Bostock ruling to healthcare. This was despite the court's insistence that the ruling was specific to employment circumstances.
The provision also instructs insurance companies not to deny coverage for procedures and drugs specifically used for transitioning. This means insurance companies must cover procedures such as breast augmentation for men transitioning to women. However, it is worth noting that women seeking breast augmentation for cosmetic purposes are not granted insurance coverage for the surgery. President Biden has expressed his support for this plan.
Becerra and Levine also highlighted their recent work on data collection, which includes a demographic data collection plan on sexual orientation and gender identity metrics. They also mentioned their pursuit of regulations and litigation, in coordination with the Justice Department, to combat healthcare restrictions targeting LGBTQ communities, and the agencys commitment to diversity, equity, inclusion, and accessibility.
The Human Rights Campaign (HRC), an organization advocating for trans identity protections, endorsed the plan. The HRC stated that the HHS's definitions of gender identity and sex stereotypes recognize that protections against sex discrimination should extend to individuals of all gender identities, including transgender individuals and people of non-binary genders.
The HRC further explained that Section 1557 prohibits most insurers from discriminating based on sex, including gender identity, when providing health coverage. This includes blanket exclusions on any transition-related healthcare services, denial or limitation of coverage for services used for gender transition, and refusal to cover treatment typically associated with one particular gender because an individual identifies with another gender.
Becerra also discussed new initiatives for mental health, stating that the HHS plans to ensure patients are seen by providers with the same identifiers. He expressed pride in being part of the first federal agency to raise the Pride flag, stating that it demonstrates the department's commitment to ensuring everyone has access to the care they need.
Dr. Levine, who transitioned after a long heterosexual marriage and a career in medicine, emphasized the importance of representation. "One of the highlights, I think, of the Biden-Harris administration and Secretary Becerras leadership is the emphasis on building representation in Washington that looks like the people of our country," Levine told the Blade.
Levine, who identifies as a woman, added, "Whether it is communities of color, whether it is the LGBTQI+ community, young people, seniors, I mean, we really want the people who work for the people of our country to look like them and to represent them."
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