HHS Secretary of Healthcare: ‘People should be able to access health and human services without bias, discrimination or fear’

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Xavier Becerra | HHS

HHS Secretary of Healthcare: ‘People should be able to access health and human services without bias, discrimination or fear’

The Office for Civil Rights and the Assistant Secretary for Financial Resources of the Department of Health and Human Services (HHS) announced a Notice of Proposed Rulemaking to affirm civil rights and equal opportunity for people across the country in HHS funded programs and services in a June 11 press release.

“Today’s proposed rulemaking will help to ensure quality, accessible health and human services for LGBTQI+ Americans across the country delivering on our commitment to advance equality for LGBTQI+ Americans,” HHS Secretary of Healthcare Xavier Becerra said in the release.

According to the press release, in order to uphold civil rights and equal opportunity for individuals nationally in HHS sponsored programs and services, the Department of Health and Human Services, through the Office for Civil Rights and the Assistant Secretary for Financial Resources, published a Notice of Proposed Rulemaking. By clarifying and reaffirming the law's ban on discrimination based on sexual orientation and gender identity, the proposed Health and Human Services Grants Regulation (HHS Grants Rule) would safeguard "LGBTQI+" people from prejudice in significant health and human services programs. In support of President Biden's Executive Orders on Preventing and Combating Discrimination on the Basis of Gender Identity and Sexual Orientation and Advancing Equality for Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Individuals, this NPRM strengthens HHS' efforts to guarantee access to health and human services.

If adopted, the proposed HHS Grants Rule would, in accordance with the Supreme Court's ruling in Bostock v. Clayton County, 140 S. Ct. 1731 (2020), clarify and reinforce the federal laws administered by HHS's ban against discrimination based on sexual orientation and gender identity, the release states. The proposed rule would affirm anti-discrimination safeguards in HHS programs, such as Head Start, as well as services and grants that offer assistance to refugees, support to those who are homeless, substance abuse treatment and prevention, community mental health services, maternal and child health services and community services.

A clause that guarantees persons with religious objections may request an exemption from or modification of program requirements, as appropriate, is also included in the proposed HHS Grants Rule. HHS invites all interested parties to submit comments at regulations.gov, including individuals and their families, health insurance companies, medical professionals, patient advocacy groups and state and local governments. The NPRM's public comments are due 60 days after it is published in the Federal Register. Visit federalregister.gov/public-inspection/2023-14600/health-and-human-services-grants-regulation to view or download the NPRM. The proposed HHS Grants Rule is just another effort by HHS to increase the "LGBTQI+" community's access to medical care and social services.

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