The Commonwealth Fund’s Post

To recap, the ACA protects against sex discrimination and other forms of discrimination in healthcare. Regulations help to provide the specifics about these protections. The Obama administration issued an excellent set, and I worked at HHS OCR to help patients and providers to understand their rights and obligations per these regulations including for gender affirming care and language access. The last administration trashed these and came up with a set of illegal regulations that many of us litigated against, sometimes successfully. And now, on Friday, after almost four years of work, the current administration has issued the latest healthcare equity regulations. These protections are crucial and govern our lives, whether or not we know it. Congrats to all who worked on creating this set, litigated against the last set, or worked on the first set. What a journey. And we cannot afford to do this again anytime soon. Period. And the same goes for the Title IX regulations too, with a generally parallel story re the court challenges. Summary of the rule: https://lnkd.in/e3K7G6Fa

Healthcare is a fundamental human right, yet many individuals with diverse gender identities face significant barriers when seeking medical care. These barriers can include discrimination, lack of provider knowledge, and inadequate insurance coverage, leading to disparities in health outcomes. 🚫 Barriers: Discrimination: Many individuals experience bias and prejudice from healthcare providers. Lack of Provider Knowledge: Healthcare professionals often lack training in gender-affirming care. Inadequate Insurance Coverage: Gender-affirming treatments are often not covered by insurance. 🔑 Solutions: Education and Training: Enhancing provider education on gender diversity and affirming care. Inclusive Policies: Implementing policies that protect against discrimination in healthcare settings. Improved Coverage: Advocating for comprehensive insurance coverage for gender-affirming treatments. We can create a more inclusive and equitable healthcare system for all by addressing these barriers. Let's work together to ensure that everyone, regardless of their gender identity, has access to the care they need and deserve. 🌍❤️ #PrideMonth #GenderIdentity #HealthcareEquality #InclusiveHealthcare #HealthcareForAll

AI has been shown to discriminate against patients based on race, gender, sexual orientation and disability. Read more about how lawmakers are exploring the role Congress should play in striking a balance between protecting innovation and protecting patients and their privacy. #HealthTech #AI

AI has been shown to discriminate against patients based on race, gender, sexual orientation and disability. Read more about how lawmakers are exploring the role Congress should play in striking a balance between protecting innovation and protecting patients and their privacy. #HealthTech #AI

🌟 Do You Know About the Latest ACA Section 1557 Regulations?🌟 On May 6, 2024, HHS released the latest updates to Section 1557 of the ACA. Here's why it matters: Greater protections against discrimination based on race, color, national origin, sex, age, and disability. • Effective date Regulations kick in on July 5, 2024, but some provisions are delayed until January 1, 2025. • Who does it impact? Healthcare providers, insurers, and entities receiving Medicare Part B payments. • Key benefits No-cost language assistance and accessibility services, plus expanded protections for gender identity and sexual orientation. Read the complete summary of the Final Rule here: https://bit.ly/3Vvbn51 #Healthcare #ACA #AntiDiscrimination #Regulations #HHS #InclusiveHealthcare

New federal court decisions have delayed the implementation of new rules protecting health care for transgender people issued under Section 1557 of the Affordable Care Act. In a new Milbank Quarterly Opinion, George Washington University’s Sara Rosenbaum and MaryBeth Musumeci say that the decisions call into question whether everyone covered by Section 1157, which applies to health programs or activities administered by federal agencies and the marketplaces, has a right to discrimination-free health care. They suggest that these protections are likely further undermined by the recent Supreme Court’s decision in Loper Bright Enterprises v Raimondo, which ended judicial deference to agency interpretation of laws, even when reasonable and grounded in evidence. The authors argue that civil rights and the integrity of medical decision-making are at stake. “If the insistence on reasonable medical care fails for one protected class, all protected classes become vulnerable,” the authors say.

🙏 NDIS -Its action time 🙏🙏 👉🏾If you think that unregistered providers are unregulated, get the facts.👈🏾 ✊Unregistered providers can be investigated, fined and banned by the NDIS commission. 👊🏽They are subject to criminal and civil law and all of the mainstream regulation including… # Disability Services and Inclusion Act 2023 Australian Human Rights Commission Act 1986 # Age Discrimination Act 2004 #Sex Discrimination Act 1984 # Racial Discrimination Act 1975 # Privacy and Personal Information Protection Act 1998 No 133 # Safety Action Targeted Plan # WorkHealth and Safety Act 2012 # Aboriginal and Torres Strait Islander Act 2005 # Aged Care Act 1997 (1 Sept 2021 rev.) # Carers (Recognition) Act 2010 No 20 # Civil Liability Act 2002 No 22 # Sex Discrimination Act 1984 # Disability Discrimination Act 1992 # The Fair Work Act 2009 (Cth) # Health Practitioner Regulation # Health Records and Information Privacy Act 2002 No 71 # Health Records and Information Privacy Code of Practice 2005 # Health Services Act 1997 No 154 # Home and Community Care Act 1985 # National Disability Insurance Scheme Act 2013 # Privacy and Personal Information Protection Act 1998 No 133 # Australian Work Health and Safety Act 2011 # Persons with Disability (Regulation of Restrictive Practices) Bill 2021

Will you be joining us for our upcoming webinar? Gender-Affirming Care — Health Plan Design and Compliance June 20 10 a.m. PDT The Supreme Court of the United States in Bostock v. Clayton County found that Title VII protection against employment discrimination on the basis of sex extends to an individual’s gender identity. Although the case was not specifically related to benefit offerings, employer-sponsored health benefits fall under the broad protection of Title VII since benefits are part of the employment package. Since the Bostock decision in 2020, there have been numerous court cases that have addressed whether a health plan that excludes coverage for the treatment of gender dysphoria violates Title VII or Section 1557 of the Affordable Care Act. In the wake of increased litigation concerning gender dysphoria coverage, employers will need to understand and consider various federal and state laws when reviewing/designing provisions in health plans regarding coverage for gender dysphoria. Mary Powell and Alaina Harwood will present a discussion on the following topics: - Bostock v. Clayton County and subsequent case law - Description of Gender-Affirming Coverage - State Laws - ERISA Preemption - Section 1557 of the Affordable Care Act (ACA) - Title VII issues - Mental Health Parity and Addiction Equity Act (MHPAEA) - HIPAA Privacy REGISTER TO ATTEND: https://lnkd.in/gJyRp3Bs #truckerhuss #employeebenefits #employeebenefitslaw #ERISA

Our analysis of KFF’s 2023 Employer Health Benefits Survey shows relatively few (8%) large firms (with 200 or more workers) offering health benefits report reducing or expanding coverage for abortion since SCOTUS overturned Roe v. Wade. One in ten large firms doesn’t cover abortions under any circumstances in their largest health plan and 32% cover abortions in most or all circumstances. Our survey also shows 7% of large firms (with 200 or more workers) are helping or plan to help their employees by paying for their travel when they need an abortion out-of-state. Among very large employers (with 5,000 or more workers), this share rises to 19%. Explore the details:

Reflecting on my years in healthcare, I’m reminded of the countless stories of resilience from patients facing discrimination. One story that stays with me is of a transgender woman who presented to the ED and shared with me her story of constantly battling for fair treatment. Her experiences highlight the systemic issues that marginalized communities face in healthcare settings. The recent updates to Section 1557 of the Affordable Care Act are a significant step forward in addressing these issues. These updates solidify protections against discrimination based on race, color, national origin, sex, age, or disability, providing critical support for those who have been marginalized. Additionally, the emphasis on language access services is essential, ensuring that non-English speaking patients can access the information they need to make informed health decisions. These changes are more than just policy adjustments; they represent a move towards addressing the deep-seated inequities in our healthcare system. Historically, marginalized communities, including LGBTQ+ individuals, people of color, and those with disabilities, have faced significant barriers, resulting in poorer health outcomes. We are taking necessary steps to create a more equitable healthcare environment by reinforcing these protections. For healthcare providers, these updates serve as a reminder of our role in advocating for and upholding these protections. We must diligently educate ourselves and our colleagues about these changes and ensure our practices reflect these commitments. The gaps in our healthcare system have been laid bare by the pandemic, and it is our responsibility to work towards closing these gaps. We owe it to our patients to ensure they receive fair and respectful treatment, regardless of their background. Read more at: https://buff.ly/4cb39ps #hospitals #healthcare #equity #doctors