Health rules fight bias against transgender people

Regulations part of anti-bias provisions of health care law.

Mirroring a shift in society, the Obama administration proposed Thursday to ban discrimination against transgender people throughout the health care system.

Once the proposed regulations are final, they should expand insurance coverage for gender transition and prohibit health care facilities from denying transgender people access to restrooms that match their individual gender identity.

The new protections are part of a broader rule from the Department of Health and Human Services to carry out anti-bias provisions of President Barack Obama’s health care law.

In a first, the law specified that sex discrimination is prohibited in health care, and the regulation carries it a step further, clarifying that “gender identity” is included under that protective umbrella.

“This is a huge step,” said Michael Silverman, director of the Transgender Legal Defense and Education Fund in New York. “It covers a lot of ground.”

The new transgender policy comes as social attitudes about sexuality and gender are undergoing major changes. The Supreme Court recognized a constitutional right for same-sex couples to marry, and the gender transition of Olympian Bruce Jenner from male to female — Caitlyn — has brought new awareness about a group often ostracized by society.

The long-delayed rule amounts to a manual for carrying out the health law’s prohibition against medical discrimination on the basis of race, color, national origin, sex, age, or disability. Those underlying provisions already are in effect.

Jocelyn Samuels, head of the HHS Office for Civil Rights, said the rule does not explicitly require insurers to cover gender transition treatment, including surgery.