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Department of Health and Human Services (HHS) Reinstates LGBTQ+ 'Protections' In Health Care

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Last Post by Abigail Nobel 2 years ago

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Topic starter April 28, 2024 8:45 pm

The Biden Administration has restored the primacy of LGBTQ+ patients over their health care providers' religious beliefs:

https://www.hhs.gov/about/news/2024/04/26/hhs-issues-new-rule-strengthen-nondiscrimination-protections-advance-civil-rights-health-care.html

HHS Issues New Rule to Strengthen Nondiscrimination Protections and Advance Civil Rights in Health Care

Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) issued a final rule under Section 1557 of the Affordable Care Act (ACA) advancing protections against discrimination in health care. By taking bold action to strengthen protections against discrimination on the basis of race, color, national origin, sex, age, and disability, this rule reduces language access barriers, expands physical and digital accessibility, tackles bias in health technology, and much more.

“Today’s rule is a giant step forward for this country toward a more equitable and inclusive health care system, and means that Americans across the country now have a clear way to act on their rights against discrimination when they go to the doctor, talk with their health plan, or engage with health programs run by HHS,” said Secretary Xavier Becerra. “I am very proud that our Office for Civil Rights is standing up against discrimination, no matter who you are, who you love, your faith or where you live. Once again, we are reminding Americans we have your back.”

“Section 1557 is critical to making sure that people in all communities have a right to access health care free from discrimination. Today’s rule exemplifies the Biden-Harris Administration’s ongoing commitment to health equity and patient rights,” said OCR Director Melanie Fontes Rainer. “Traveling across the country, I have heard too many stories of people facing discrimination in their health care. The robust protections of 1557 are needed now more than ever. Whether it’s standing up for LGBTQI+ Americans nationwide, making sure that care is more accessible for people with disabilities or immigrant communities, or protecting patients when using AI in health care, OCR protects Americans’ rights.”

“CMS is steadfast in our commitment to providing access to high-quality, affordable health care coverage for millions of people who represent the vibrant diversity that makes America strong,” said CMS Administrator Chiquita Brooks-LaSure. “Today’s rule is another important step toward our goal of health equity – toward the attainment of the highest level of health for all people, where everyone has a fair and just opportunity to attain their optimal health.”

The rule will restore protections gutted by the prior administration and help increase meaningful access to health care for communities across the country. The 1557 final rule draws on extensive stakeholder engagement, review of over 85,000 comments from the public, the Department’s enforcement experience, and developments in civil rights law. Among other things, the rule:

Holds HHS’ health programs and activities to the same nondiscrimination standards as recipients of Federal financial assistance.

For the first time, the Department will consider Medicare Part B payments as a form of Federal financial assistance for purposes of triggering civil rights laws enforced by the Department, ensuring that health care providers and suppliers receiving Part B funds are prohibited from discriminating on the basis of race, color, national origin, age, sex and disability.

Requires covered health care providers, insurers, grantees, and others, to proactively let people know that language assistance services are available at no cost to patients.

Requires covered health care providers, insurers, grantees, and others to let people know that accessibility services are available to patients at no cost.

Clarifies that covered health programs and activities offered via telehealth must also be accessible to individuals with limited English proficiency, and individuals with disabilities.

Protects against discrimination by codifying that Section 1557’s prohibition against discrimination based on sex includes LGTBQI+ patients.

Respects federal protections for religious freedom and conscience and makes clear that recipients may simply rely on those protections or seek assurance of them from HHS.

Respects the clinical judgement of health care providers.

Protects patients from discriminatory health insurance benefit designs made by insurers.

Clarifies the application of Section 1557 nondiscrimination requirements to health insurance plans.

Given the increasing use of artificial intelligence (AI) in health programs and activities, the rule clarifies that nondiscrimination in health programs and activities continues to apply to the use of AI, clinical algorithms, predictive analytics, and other tools. This clarification serves as one of the key pillars of HHS’ response to the President’s Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Specifically, the rule:

Applies the nondiscrimination principles under Section 1557 to the use of patient care decision support tools in clinical care.

Requires those covered by the rule to take steps to identify and mitigate discrimination when they use AI and other forms of decision support tools for care.

Through partnership and enforcement, HHS OCR helps protect access to health care, because all people deserve health care that is safe, culturally competent, and free from discrimination. Learn more about the robust protections of Section 1557 of the ACA at HHS.gov/1557.

This press release provides a summary, not any independent interpretation of Section 1557. The Final Rule may be viewed or downloaded at: hhs.gov/1557

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Abigail Nobel

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May 23, 2024 2:53 pm

They're a few years behind UM Health West, who decided to enforce this policy by firing a West Michigan PA back in 2021.

The Center Square reported the extreme polarization between this clinician and system administrators in 2022.

https://www.thecentersquare.com/michigan/article_ea8b62ec-3e94-11ed-934b-1754c703de89.html

Fired physician assistant claims DEI director called her evil for not using preferred pronouns

By Tom Gantert and Brett Rowland | Sep 27, 2022

(The Center Square) – A physician assistant at a University of Michigan hospital in west Michigan claims she was told she was evil and was responsible for the suicide of transgender people by the health system's director of diversity and was later fired because she refused to acknowledge the preferred pronouns of patients.

The First Liberty Institute, a nonprofit legal organization, spelled out Valerie Kloosterman's grievances against the University of Michigan Health-West hospital system in a Sept. 27 letter that demands Kloosterman be rehired. First Liberty claims that Kloosterman's religious rights were violated.

The letter claims that Kloosterman declined to use preferred pronouns of transgender people and instead referred to them by their first name. She also was not willing to refer patients for gender reassignment surgery, citing her Christian faith.

The letter claims that the hospital held a July 2021 meeting with the human resources director and other managers, including Thomas Pierce, the diversity program director, to address Kloosterman's refusal to refer to transgender patients by their preferred pronouns.

Kloosterman said she could not because of her religious beliefs and her independent medical judgment, but that she did use the patients' first names.

The letter stated, "Thomas Pierce grew hostile, visibly angry with tight fists and a flushed demeanor, and attacked her religious beliefs. Among other things, he told Ms. Kloosterman that she could not take the Bible or her religious beliefs to work with her, either literally or figuratively; that given her religious beliefs against gender identity-based pronouns and 'gender reassignment surgery,' she was to blame for transgender suicides; and that she was 'evil' and abusing her power as a health care provider."

Kloosterman said she was terminated Aug. 24, 2021, for not using preferred pronouns and not referring patients for gender-transitioning procedures.

A voice message left to the hospital system's media relations team was not immediately returned on Tuesday.

Pierce didn't immediately return an email seeking comment.

Peter VanLaan, associate general counsel for the health system, told The Center Square, "University of Michigan Health-West is committed to providing appropriate medical treatment to all patients and respects the religious beliefs of its employees. Our organization does not discuss personnel issues and as such, has no further comment."

Earlier this year, University of Michigan Health-West was designated a LGBTQ+ Healthcare Equality Top Performer by the Human Rights Campaign.

"Delivering on its promise that 'You belong here,' University of Michigan Health-West has earned national recognition for a commitment to equity and inclusion for lesbian, gay, bisexual, transgender and queer patients, families and employees," the health system stated in its news release.

In that news release, Pierce stated, “If someone comes in and they have an imperfect experience, we’ve set the bar of accountability for ourselves. LGBTQIA+ patients just want to be able to access a doctor, to be able to walk through the front door and not be misgendered, misnamed, embarrassed or discriminated against – or be asked to leave.”

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Abigail Nobel

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Posts: 1227

May 23, 2024 3:02 pm

By October, the Daily Signal brought a few crucial facts to light.

For instance, the PA had never actually refused to use inaccurate pronouns; she merely asked for a waiver from doing so.

There are extensive First Amendment implications for all of healthcare and beyond.

https://www.dailysignal.com/2022/10/12/physicians-assistant-sues-hospital-religious-discrimination-transgender-stance/

Physician Assistant Sues Hospital for Religious Discrimination Over Transgender Stance

Gillian Richards / October 12, 2022

Valerie Kloosterman, a Michigan Health physician assistant, pictured here, was fired last year after requesting a religious exemption from referring transgender treatments to patients. First Liberty Institute filed a lawsuit on her behalf this Wednesday. (Photo: Peyton Luke/First Liberty Institute)

First Liberty Institute filed a federal lawsuit on behalf of a physician assistant who was fired in 2021 from University of Michigan Health-West after she sought a religious exemption from referring patients for sex-reassignment surgeries and hormone interventions.

According to a Wednesday press release from First Liberty Institute, Valerie Kloosterman worked at Michigan Health for 17 years.

“Valerie provides excellent medical care for everyone, but she cannot in good conscience use biology-obscuring pronouns or refer patients for experimental drugs and procedures that violate her religious convictions and her medical judgment,” Kayla Toney, First Liberty associate counsel, told The Daily Signal. “She treated all of her patients with respect and compassion and simply asked that Michigan Health respect her religious beliefs. She should not be forced to choose between her faith and her livelihood.”

First Liberty alleges that Michigan Health violated Kloosterman’s First Amendment and 14th Amendment rights to free exercise of religion and freedom of speech. Other causes of action in the suit include violations of the 14th Amendment right to equal protection and the Title VII protection against religious discrimination and disparate treatment.

Jordan Pratt, First Liberty senior counsel, told Fox News last month that “the reason why we took this case is there was a real injustice that was committed here.” Pratt added: “We have an extremely conscientious, caring, diligent health care worker who has served for 17 years, and her mother and her grandmother before her served in the same [University of Michigan] health care system.”

First Liberty previously sent a letter to Michigan Health demanding that the hospital reinstate Kloosterman. The legal advocacy group added in the letter that the hospital must assure Kloosterman it would “fulfill its legal obligations to respect its employees’ religious consciences” going forward.

First Liberty’s Wednesday press release says Kloosterman received exemplary reviews from patients and supervisors.

In the summer of 2021, she asked for a religious exemption from using pronouns that conflict with her understanding of biology and from referring patients to gender-reassignment surgeries. A diversity representative at Michigan Health reportedly called Kloosterman “evil” and claimed she was responsible for gender-dysphoric patients committing suicide.

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Department of Health and Human Services (HHS) Reinstates LGBTQ+ 'Protections' In Health Care

HHS Issues New Rule to Strengthen Nondiscrimination Protections and Advance Civil Rights in Health Care

Fired physician assistant claims DEI director called her evil for not using preferred pronouns