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Wednesday, Aug 24 2016

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Five States Sue To Halt Obama Administration Rules On Transgender Health

The Department of Health and Human Services' rules seek to keep insurers from blanket bans on coverage of gender reassignment services and ban health care providers from refusing to care for transgender patients. The states say the regulations could force doctors to perform gender transition procedures on children.

Texas and four other states sued the Obama administration on Tuesday over extending its healthcare nondiscrimination law to transgender individuals, saying the move "represents a radical invasion of the federal bureaucracy into a doctor’s medical judgment." Texas, along with Wisconsin, Nebraska, Kentucky and Kansas sued on behalf three medical organizations, two of which are affiliated with Christian groups. (Herskovitz, 8/23)

The lawsuit challenges a section of the Affordable Care Act that prohibits discrimination on the basis of race, color, national origin, sex, age or disability in health care programs. In May, HHS issued final regulations, which prevent insurers from having blanket bans on coverage of gender reassignment services and forbids providers from refusing care to transgender patients, among other protections. (Pradhan, 8/23)

The lawsuit marks religious conservatives’ growing engagement in the fight over transgender rights, which has rapidly emerged as one of the most explosive social debates of the Obama administration. The suit comes just one day after a Texas judge temporarily suspended new federal guidelines intended to expand bathroom access for transgender students at public schools. (Lovett and Radnofsky, 8/23)

Ramping up its fight over the rights of transgender people, Texas filed a lawsuit Tuesday against the federal government over a regulation prohibiting discrimination against transgender individuals in some health programs. Texas, on behalf of religious hospital network Franciscan Alliance, and four other states are claiming the new federal regulation would force doctors to perform gender transition procedures on children and requested the court to block the federal government from enforcing the regulation. The federal rule on nondiscrimination in health care prohibits denying or limiting coverage for transgender individuals, including health services related to gender transition. (Ura, 8/23)

The lawsuit is the second in recent months in which conservative states have sued over federal efforts to defend transgender rights. Social conservatives claimed victory Sunday when a federal judge in Texas halted an Obama administration directive requiring public schools to let transgender students use bathrooms consistent with their gender identity. Now they're asking that same court to block new regulations intended to ban discrimination by doctors, hospitals and insurers against transgender persons. (Weber, 8/23)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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