Letter to OIRA Requesting Immediate Clearance of HHS Nondiscrimination Rule

On April 29, 2015 the White House received for review and clearance the Department of Health and Human Service’s regulation implementing 42 U.S.C. 18116, the Affordable Care Act’s nondiscrimination provision. The provision was subject to a request for comments in 2013, but the Department has consistently delayed the actual implementation of the provision.  Prior guidance on the language told insurers that discrimination against transition-related care was legal.  New regulations are necessary to undo this damage, and those regulations are currently stalled for White House review.  Full text is below.

The Honorable Howard Shelanski
Office of Information and Regulatory Affairs
Office of Management and Budget
Washington, D.C. 20503

Re:       RIN 0945-AA02, “Nondiscrimination Under the Patient Protection and Affordable Care Act”

Dear Administrator Shelanski:

I write to ask that you immediate clear for publication the above-referenced rule. The topic received comments over two years ago in response to a Department of Health and Human Services request for information, 78 FR 46558 (Aug. 1, 2013). In response, a host of organizations spoke of the endemic discrimination against transgender individuals seeking access to health care. In the intervening two years, the Department has done nothing of substance to end prohibitions on transition-related care or discrimination against transgender patients at health care providers.

The Office of Information and Regulatory Affairs has had its ninety days to review the regulation. It is time to provide clearance and allow the proposed rule to be published.


Emily T. Prince, Esq.