HHS rescinds guidance protecting transgender patients
The Office for Civil Rights (OCR) in the Department of Health and Human Services (HHS) issued a notice rescinding 2022 guidance on gender-affirming care, civil rights, and privacy protections for transgender individuals. The 2022 guidance affirmed that Section 1557 of the Affordable Care Act prohibits discrimination on the basis on gender identity in federally-funded health care settings, acknowledged that gender dysphoria could qualify as a disability under the American with Disabilities Act and Section 504 of the Rehabilitation Act, and provided privacy protections for transgender patients under the Health Insurance Portability and Accountability Act (HIPAA).
The Trump administration’s new notice rescinds the previous guidance in an effort to carry out the President’s Executive Order restricting access to gender-affirming care for young people, noting that it “no longer represents the views or policies of HHS OCR.”