TBA Law Blog


Posted by: Stacey Shrader Joslin on Oct 3, 2022

Tennessee Attorney General Jonathan Skrmetti is leading a coalition of 20 state attorneys general opposed to a proposal from the U.S. Department of Health and Human Services to include “gender identity” in federal law prohibiting discrimination in health programs and activities. The group argues in a public comment that such a change to Section 1557 of the Patient Protection and Affordable Care Act (ACA) would “deviate from the language of the statute, promote sex-based discrimination, threaten constitutional rights, and create unnecessary obstacles for healthcare providers.” The department's proposal comes after President Joe Biden directed federal agencies to expand nondiscrimination protections to individuals on the basis of their gender identity.