The Health Care Rights Law Protects Us All

The Trump administration is trying to roll it back.

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ne of the most important provisions of the Affordable Care Act is one that helps ensure people are not discriminated against when they seek medical attention. The Health Care Rights Law (Section 1557 of the ACA) protects us all — especially the LGBTQ community, women, people with disabilities, and people for whom English is not their primary language. And now, the Trump administration wants to weaken those protections.

The U.S. Department of Health and Human Services (HHS) has proposed a rule that would dismantle the Health Care Rights Law and make it more difficult for all people to receive the health care they need. If this proposal is enacted, the administration would no longer enforce protections against discrimination in health care based on sexual orientation or gender identity.

The proposed rule also threatens people with limited English proficiency and people with disabilities. It would severely limit the ability of those who do not speak English well to defend their health care rights by eliminating language access requirements for taglines and communications for patients. Additionally, the rule explores the potential of changing key accessibility standards, which would severely affect people with disabilities’ access to health care treatments and facilities.

The Trump administration wants to keep people from accessing the health care they need. And let’s be clear: This proposal represents yet another civil rights rollback by the administration and its onslaught on the fundamentals of our democracy.

It’s important to remember that the law has not changed — every person still has the right to receive health care free from discrimination. If enacted, however, the proposed rule would encourage providers to refuse LGBTQ people care on the grounds of religious beliefs. The rule would also cause fear and confusion in a community that already avoids medical treatment for fear of mistreatment. The health care rights law proposed rulemaking affirms that the Trump administration will continue its attempt to undermine the civil and human rights of LGBTQ people by encouraging discrimination against them and perpetuating systemic inequality within the health care system. Additionally, LGBTQ people of color already experience higher rates of discrimination, substandard care, and serious health risks like HIV. This rule would make things disproportionately worse for the most vulnerable members of this community.

The truth is that transgender individuals already face barriers to accessing the health care they need. More than half of all LGBT people as well as people living with HIV reported experiencing discrimination in care. This includes being refused care, experiencing harsh and abusive language, or being seen by a health care professional who refused to touch them, used excessive precautions, or was physically rough or abusive with the patient. In 2015, 23 percent of transgender people did not see a doctor when they needed to because of fear that they would be mistreated. And in 2017, 29 percent of transgender people said that a health care provider refused to see them because of their gender identity or sexual orientation in the past year.

Take for instance the story of Elizabeth Carroll, a transgender woman in Martinsburg, West Virginia. Elizabeth has been denied health care by multiple providers in her area for a surgery that doctors have told her is medically necessary. She explains:

“I can’t even get an appointment. As soon as I mention I am transgender, I almost get an immediate hang up.”

Elizabeth’s story is not unique and unfortunately the transgender community is all too familiar with being denied the care they need. In addition to the negative impact on an individual’s health care, policies and practices like this also impinge the dignity of transgender people. As Elizabeth notes, “all transgender people are human beings and deserve the same rights as all other human beings.” That includes the right to health care that allows transgender people to live free and healthy lives.

The Trump administration has made it clear that the fight for equality is far from over, so we must continue to speak out and make our voices heard on this issue. We have until August 13, 2019 to submit comments opposing the proposed rule and explain how this policy change would harm all people. No one deserves to be denied care because of who they are. Share your story and remind this administration that it’s accountable to all of us.

The Leadership Conference

Written by

The nation’s oldest and largest civil and human rights coalition.

The Leadership Conference

Written by

The nation’s oldest and largest civil and human rights coalition.

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