TBA Law Blog


Posted by: Julia Wilburn on May 31, 2024

Tennessee Attorney General Jonathan Skrmetti and Mississippi Attorney General Lynn Fitch on Thursday announced a multi-state lawsuit challenging a new rule recently announced by the U.S. Department of Health and Human Services (HHS) that redefines the Affordable Care Act’s prohibition against discrimination on the basis of sexual orientation and gender identity. Under the new rule, covered entities found to be non-compliant risk losing significant federal funding, including state Medicaid funding designed to assist low-income individuals, as well as exposure to civil liability from private lawsuits. The suit argues that the rule, among other impacts, will require medical providers to perform surgeries and administer hormone drugs without regard for a doctor’s medical judgment. It also argues that HHS overstepped its authority in making the change.