A rule has been proposed by the US Department of Health and Human Services to codify protection for transgender people under the Affordable Care Act. As per the act, sex discrimination is already banned in health programs and activities.

However, under the ACA discrimination is already outlawed, the proposed rule has the motive to specifically address concerns related to the health insurance marketplaces and health programs and activities. The necessities for effective communication for individuals with disabilities and better language assistance for people with limited English proficiency are also a part of the proposed rule.

In a press release, HHA Secretary Sylvia Burwell said, “This proposed rule is an important step to strengthen protections for people who have often been subject to discrimination in our health care system”.

Presently, sexual discrimination is prohibited under section 1557 of the ACA. The agency already needs to implement civil rights laws based on race, color, national origin, disability or age. The insurance companies will be barred to do any discrimination on the basis of gender identity and companies must treat them consistent with their identity, including an access to facilities, under the new rule.

Most importantly, as per the rule the healthcare cannot be denied or services limited just because the patient identify as another gender. For instance, a person in need of treatment for ovarian cancer cannot be turned down for treatment because they identify as male.

Under the rule, it is also required that gender transition care be evaluated on a case-by-case basis, clearly outlawing categorical barring for gender transition.