Statement on the Trump-Pence Administration’s final rule to roll back Section 1557 of the Affordable Care Act
By Julian Johnson • June 12, 2020
The Praxis Project is angry and frustrated at the news of the Trump-Pence Administration’s announcing of a final rulemaking that would roll back the Health Care Rights Law—also known as Section 1557 of the Affordable Care Act (ACA). Passed in 2010, Section 1557 of the ACA protects individuals seeking health care services from discrimination on the basis of sex, sexual orientation, gender identity, national origin, language proficiency, age or disability. It amends the 1964 Civil Rights Law to include these critical protections for historically discriminated against communities and is the first time a federal law contains a broad prohibition of sex discrimination in health care settings.
This action by the Trump-Pence Administration is a direct attack against the civil and human rights of the most historically oppressed communities that are already facing disproportionate burdens in lack of treatment and medical resources during the COVID-19 pandemic. This move is both cruel and unconscionable. With these rollbacks, this administration is sending three clear messages:
Emboldens insurance companies, hospitals, and other providers to discriminate against patients.
Signals to these parties that if they take part in patient discrimination, they will be free of consequences.
Encourages providers or other hospital staff members to refuse testing or treatment to patients based on their own personal beliefs rather than for broader societal health.
We vehemently voice our opposition to these rollbacks. Discrimination has no place in healthcare; a patient’s health should always be the priority. Parties who receive taxpayer dollars—such as insurance companies, hospitals, and doctors—should have no power in deciding a patient’s fate based on who they are, what language they speak, their sex or sexual identity, disability, and/or the color of their skin. These changes will only worsen the existing obstacles that especially affect women of color, people who have had or will need abortion care and other reproductive services, transgender individuals, and gender non-conforming individuals. In addition to this, those with intersectional identities are even further exposed to discrimination.
During this time when COVID-19 and the murder of George Floyd is exposing the deep pervasiveness of structural and systemic bias that exists in the United States, instead of removing protections for our most marginalized, our national leaders should be seeking ways use the power of our government to improve protections for our most vulnerable. The Trump-Pence Administration’s rollbacks of the Healthcare Rights Law is only another avenue for this President to continue to undermine and threaten access and the rights of those most marginalized in the healthcare setting. For two decades federal courts have found that anti-discrimination laws—including the ACA—have helped protect communities experiencing the most oppression in our society. These rollbacks will harm all of us.
Use this communications toolkit to share your organization's opposition and join us in speaking out against the roll back to Section 1557 of the ACA. #PutPatientsFirst.