UPH Government & External Affairs

Week Ending May 14, 2021 — Biden Administration Directs HHS to Begin Enforcing LGBTQ Discrimination Claims

by | May 21, 2021

Returning to an Obama-era policy, the Biden Administration announced it would reinstate protections under Section 1557 of the Patient Protection and Affordable Care Act (ACA). That section and accompanying regulations outline that an individual “shall not be excluded from participation in, be denied the benefits of, or be subjected to discrimination on the grounds prohibited” on the basis of sex, race, color, national origin, age or disability. While widely expected after the President issued a day-one Executive Order on gender protections, it is unclear exactly how the Administration intends to effectuate this policy change, leaving the door open for litigation on issues of religious freedom and administrative procedure.