LGBTQ community to get anti-bias shield in health insurance
A new rule granting LGBTQ people an “anti-bias shield” against discrimination from health insurers and provide greater access to affordable health care coverage in 2023 has just been released.
The rule would add gender identity and sexual orientation into the list of anti-discrimination protections under Section 1557 of the Affordable Care Act.
The Trump Administration had previously removed these two identities from the list through another rule in 2020.
Anti-bias shield to ensure equitable health care system
In a statement, the Department of Health and Human Services (HHS) said prohibiting discrimination “would increase access to health care, decrease health disparities.”
The new rule would also align it with the Biden administration’s push for people to receive “equal treatment under the law” regardless of their identity.
HHS Secretary Xavier Becerra said: “Today’s rule is part of the Biden-Harris Administration’s ongoing efforts to ensure an equitable health care system as we continue to make coverage more accessible and affordable.”
In reaction to this move, Omar Gonzalez-Pagan, health-care strategist for civil rights group Lambda Legal, said: “This is an important and good step in protecting the health and well being of LGBTQ people.”
“This will impact millions of LGBTQ Americans who, as the rule recognizes, face barriers with regards to access to insurance, health disparities, and cost,” Gonzalez-Pagan said.
New rule reinstates previous LGBTQ protections
Last May, the HHS said it would enforce health care protections for LGBTQ American as President Joe Biden’s administration reversed the previous policy implemented by then-President Donald Trump.
This rule was first implemented in 2016 during the Obama administration, as part of overall rules that protected LGBTQ people under the federal health care discrimination provision.
In an interview with CNN back then, Becerra said: “It simply says what everyone already should know: you should not discriminate against people.”
“That includes those based on sexual orientation or gender identity and when it comes to healthcare– we want to make sure that’s the case,” he said.
American Medical Association (AMA) President Susan Bailey said, “It’s unfortunate that such an obvious step had to be taken; the AMA welcomes this common-sense understanding of the law.”
Anti-bias shield and other features in the new rule
The provision in Section 1557 prohibits health care providers and insurance companies from discriminating on the basis of “race, color, national origin, sex, age or disability in certain health programs and activities.”
The new rule also requires insurers in the federal health insurance marketplace and state-based marketplaces on the federal platform to provide standardized plan options.
This would give consumers the opportunity to compare plans so that they can select the appropriate plan for their needs.
There would also be network adequacy reviews so that consumers can get easy access to the appropriate type of provider in an accessible location.
The HHS said that these reviews ““highlight key characteristics like time and distance to care, as well as appointment wait times.”