December 2017

The Case for Preserving Transgender and Gender Nonconforming Health Care Protections

by Bailey Metzger
On May 18, 2016, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) published the final rule implementing ยง 1557 of the Patient Protection and Affordable Care Act (ACA) in the Federal Register. The final rule addressed a wide variety of discrimination in the health care context, including discrimination on the basis of race, color, national origin, sex, age, and disability. Perhaps the most notable part of the rule finds that discrimination on the basis of gender identity constitutes discrimination on the basis of sex.