Achieving LGBTQ Equality Through Litigation, Legislation, Policy, and Public Education

Summary & History

Additional Civil Rights

Legislation: Patient Protection and Affordable Care Act

STATUS: Pending, Federal

NCLR has worked closely with the Department of Health and Human Services (HHS) on implementation of the Patient Protection and Affordable Care Act (ACA), the recently enacted healthcare reform law. NCLR has drafted and signed on to numerous sets of comments to HHS providing thoughts and analysis on several regulations surrounding the ACA, advocating tirelessly for LGBT inclusion in a number of relevant provisions of the healthcare law.

These efforts have resulted in several important victories for LGBT inclusion in ACA regulations. Notably, NCLR drafted a letter joined by several organizations urging HHS to clarify that the ACA’s prohibition against discrimination based on sex includes a prohibition against discrimination based on gender identity and gender nonconformity. HHS responded confirming this position and, accordingly, extending crucial protections to transgender and gender nonconforming people in healthcare settings and many health-related programs.

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