On August 17, a day before the Trump Administration’s harmful changes to regulations implementing the Health Care Rights Law were set to take effect, a court issued a nationwide preliminary injunction blocking parts of the final rule that roll back civil rights protections. The August 17th order from the U.S. District Court for the Southern District of New York stayed the Trump Administration's repeal of the 2016 definitions of the definitions of “on the basis of sex,” “gender identity,” and “sex stereotyping”. This means that the U.S. Department of Health & Humans Services (HHS) is prohibited from implementing this aspect of the 2020 final rule nationwide. However, the court did not directly address other changes that HHS made in its 2020 final rule, including the gutting of protections for individuals with limited English proficiency (LEP). We will provide updates as available regarding whether the changes, outside the scope of the sex discrimination definitions, took effect as scheduled on August 18. This ruling is the first among several lawsuits that have been filed seeking to block the final rule from going into effect. Last week, Justice in Aging joined an amicus brief in support of the Attorney General of Washington State’s motion for a preliminary injunction against the rule, arguing that it would cause significant harm to women, LGBTQ people, people with disabilities, older adults, and individuals with LEP. Our new Q&A on Changes to the Rules Implementing the Health Care Rights Law provides background on the Health Care Rights Law (Section 1557 of the Affordable Care Act) and how it protects older adults from discrimination, the recently finalized changes to the HHS regulations implementing the law, and what advocates need to know to help older adults continue to enforce their rights in the changing landscape. Read our new Q&A and other resources on our Health Care Rights Law webpage. |
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Changes to the Rules Implementing the HCRL by Family Voices Indiana on Scribd
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