Press Release

Attorney General Ellison condemns Trump Administration effort to allow discrimination in healthcare

Proposed HHS rule will eliminate ACA’s protections against discrimination for women, people with disabilities, the LGBTQ community, and other vulnerable communities

August 16, 2019 (SAINT PAUL) — Minnesota Attorney General Keith Ellison has joined a coalition of 22 attorneys general in submitting a comment letter in opposition to the U.S. Department of Health and Human Services’ (HHS) proposed rule to drastically undermine Section 1557 of the Patient Protection and Affordable Care Act (ACA). Section 1557 prohibits discrimination in federal healthcare programs, benefits, and services on the basis of race, color, national origin, sex, disability, and age. The proposed rule would roll back anti-discrimination protections for women, LGBTQ individuals, individuals with limited English proficiency, and individuals with disabilities by undermining critical legal protections that guarantee healthcare as a right.

“Good, affordable healthcare is a basic human right that helps everyone afford their lives, live with dignity and respect, and just live — and everyone should have it, no exceptions,” Attorney General Ellison said. “I’m not standing by and letting the Trump Administration discriminate against some the most vulnerable folks in our society, strip them of their human rights and dignity, and strip all Americans of common decency.”

The ACA prohibits discrimination in federal healthcare—from Medicaid, Medicare, and the healthcare exchanges, to federal healthcare grant programs providing safeguards against discrimination. Further, the ACA expressly seeks to provide equity in healthcare and prohibits any regulation that creates unreasonable barriers for individuals to obtain healthcare. The proposed rule contradicts this and other federal civil rights laws by sanctioning discrimination in our healthcare system. It will withdraw key protections, placing patients at greater risk of discrimination on the basis of race, color, national origin, sex, disability, and age.

In today’s letter, the attorneys general emphasize that the rule would undermine the robust anti-discrimination protections set under current law. It would specifically harm:

• Women: The proposed rule reverses protections against discrimination on the basis of pregnancy, false pregnancy, termination of pregnancy, recovery from childbirth, or related conditions. It would lead to the denial of service related to reproductive health, resulting in an increase in unintended pregnancies.
• LGBTQ people: The proposed rule reverses protections against discrimination on the basis of sex stereotyping and gender identity. It would lead LGBTQ individuals, who already experience barriers to receiving medical services, to avoid seeking healthcare services.
• People with Limited English Proficiency: The proposed rule reverses protections for nearly 25 million people in the United States who do not speak English “very well” and may be considered Limited English Proficient. It would reverse language assistance requirements that ensure individuals are able to communicate with their healthcare service and coverage providers.
• People living with disabilities: The proposed rule seeks to reverse requirements that providers make reasonable modifications to policies, practices, or procedures to avoid discrimination on the basis of disability.

Attorney General Ellison joined a coalition led by California Attorney General Xavier Becerra and Massachusetts Attorney General Maura Healey in filing the comment letter, alongside the attorneys general of Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Iowa, Kentucky, Maryland, Michigan, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Vermont, Virginia, and Washington.

A copy of the letter can be found on the website of California Attorney General Xavier Becerra.