​Rep. Maloney Condemns Final Rule to Erode Anti-Discrimination Protections Under the ACA

Jul 9, 2020
Press Release
In Light of the Supreme Court’s Decision in Bostock v. Clayton County, House Leaders Reiterate Call for HHS to Immediately Rescind Discriminatory Rule

WASHINGTON – Yesterday, Congresswoman Carolyn B. Maloney (D-NY), Chairwoman of the Committee on Oversight and Reform, joined with the other chairs of the House committees with jurisdiction over health care, to condemn the Department of Health and Human Services (HHS) for finalizing a rule that weakens protections under the Affordable Care Act (ACA) for LGBTQIA+ individuals, women, people with limited English proficiency, immigrants, people of color, people with disabilities, and patients from other marginalized communities, and urged HHS Secretary Alex Azar to immediately rescind it.

The other Chairs joining the letter were House Education and Labor Chairman Robert C. “Bobby” Scott (D-VA), House Energy and Commerce Chairman Frank Pallone, Jr. (D-NJ), and House Ways and Means Chairman Richard E. Neal (D-MA).

“I am absolutely appalled by this rule from the Trump Administration. New York City is a place that is inspired by and proud of our diversity and the ability for everyone here to be who they are and follow their American Dream. This rule is a continuation of the Administration’s ani-immigrant, anti-woman, anti-LGBTQ+ agenda. And even more horrifying, the Administration is acting to limit healthcare access during a global pandemic and national crisis,” said Congresswoman Maloney.

The letter follows the Supreme Court’s decision in the landmark case Bostock v. Clayton County, which found that protections against sex-based discrimination prohibit discrimination based on sexual orientation and gender identity under the Civil Rights Act of 1964.

“We previously wrote to you on May 1, 2020, warning that, if finalized, this rule would ‘open the door to discrimination against patients in express contradiction to the plain language and intent of the law, and would therefore be illegal,” the Democratic Committee leaders wrote.  “The Supreme Court’s ruling in Bostock v. Clayton County reaffirms that protections against sex discrimination apply to sexual orientation and gender identity.  Any regulations sanctioning discrimination contradict the plain language of the law and defy Congress’s intent in passing the ACA.”    

The committee chairs underscored the need for strong nondiscrimination protections for members of marginalized communities at all times, but particularly when many of these communities are already disproportionately facing the impacts of the COVID-19 pandemic.

“We also urged you not to finalize this dangerous rule while the United States continues to grapple with the coronavirus disease 2019 (COVID-19) pandemic,” the Democratic Committee leaders wrote.  “At this unprecedented time when nondiscriminatory access to health care is so vital for the wellbeing of all people in the United States, and yet out of reach for so many, the Administration’s actions sow unneeded fear and mistrust among those already facing inequity in the health care system and experiencing health disparities.”

To read the full letter, click here.