The U.S. Department of Health and Human Services Office of Civil Rights (OCR) has clarified that discrimination based on gender identity, as a form of sex discrimination, is prohibited under section 1557 of the Patient Protection and Affordable Care Act (ACA). This clarification will ensure that non-discrimination protections for transgender individuals are implemented by state health insurance exchanges and in the implementation of other programs under the national health care reform legislation. The clarification was made in response to a request to OCR by a number of lesbian, gay, bisexual, and transgender; and civil rights organizations.
The National Center for Lesbian Rights made a copy of the letter available for dissemination.
Ignatius Bau 