What Supreme Court? Trump's HHS pushes LGBT health rollback

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1. Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority

Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority

AGENCY:
Centers for Medicare & Medicaid Services (CMS); Office for Civil Rights (OCR), Office of the Secretary, Department of Health and Human Services (HHS).

ACTION:
Final rule.

SUMMARY:
The Department of Health and Human Services (“the Department” or “HHS”) is committed to ensuring the civil rights of all individuals who access or seek to access health programs or activities of covered entities under Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). After considering public comments, in this final rule, the Department revises its Section 1557 regulations, Title IX regulations, and specific regulations of the Centers for Medicare & Medicaid Services (“CMS”) as proposed, with minor and primarily technical corrections. This will better comply with the mandates of Congress, address legal concerns, relieve billions of dollars in undue regulatory burdens, further substantive compliance, reduce confusion, and clarify the scope of Section 1557 in keeping with pre-existing civil rights statutes and regulations prohibiting discrimination on the basis of race, color, national origin, sex, age, and disability.

DATES:
This rule is effective August 18, 2020.

FOR FURTHER INFORMATION CONTACT:
Luben Montoya, Supervisory Civil Rights Analyst, HHS Office for Civil Rights, at [phone] or [phone] (TDD).

SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary

A. Purpose

B. Summary of Major Provisions

(1) Changes to the Section 1557 Regulation

a. Elimination of Overbroad Provisions Related to Sex and Gender Identity

b. Clarification of Scope of Covered Entities

c. Elimination of Unnecessary or Duplicative Language on Civil Rights Enforcement

d. Elimination of Unnecessary Regulatory Burdens

e. Other Clarifications and Minor Modifications

(2) Related and Conforming Amendments to Other Regulations

a. Title IX

b. CMS

C. Summary of the Costs and Benefits of the Major Provisions

II. Background

III. Response to Public Comments on the Proposed Rule

A. General Comments

B. Section 1557 Regulation, Subpart A: General Requirements and Prohibitions

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The .pdf:

Nondiscrimination in Health and Health Education Programs or Activities, Delegation of Authority