POLITICO

States sue to block Obamacare's transgender protections

By Rachana Pradhan
08/23/16 02:04 PM EDT
Updated 08/23/16 03:26 PM EDT

Five Republican-led states and several provider groups are suing to block a new Obamacare rule that's meant to prevent health care providers and insurers from discriminating against transgender patients.

The five states — Texas, Wisconsin, Kentucky, Nebraska and Kansas — and the provider groups argue that the nondiscrimination rule requires doctors to perform gender transition procedures even when they are against the doctor’s medical judgment.

The lawsuit challenges a section of the Affordable Care Act that prohibits discrimination on the basis of race, color, national origin, sex, age or disability in health care programs. In May, HHS issued final regulations, which prevent insurers from having blanket bans on coverage of gender reassignment services and forbids providers from refusing care to transgender patients, among other protections.

“With a single stroke of the pen, HHS has created a massive new liability for thousands of healthcare professionals unless they cast aside their medical judgment and perform controversial and even harmful medical transition procedures,” the lawsuit states.

The suit was filed in the U.S. District Court for the Northern District of Texas. It comes one day after a federal judge sided with Texas to block the Obama administration’s guidance encouraging school districts to allow transgender students to use the bathroom of their choice.

Provider groups on the lawsuit include the Franciscan Alliance, Specialty Physicians of Illinois, and Christian Medical and Dental Associations.

The Justice Department declined to comment on the lawsuit.