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TAXPAYERS GET SCREWED AGAIN: New Obamacare Regulation Presses for Sex Change Surgery Coverage


The Obama administration on Friday, the same day it ordered schools to allow students to use bathrooms or locker rooms matching their chosen gender identity, issued a directive that could pressure the nation’s insurers, as well as federal programs such as Medicare, Medicaid, or providers through Obamacare marketplaces to cover sex change procedures.

“The final rule does not require covered entities to cover any particular procedure or treatment for transition-related care, including gender reassignment surgery,” a spokesperson for the Department of Health and Human Services told The Washington Free Beacon. “However, it does bar a covered entity from categorically excluding from coverage or limiting coverage for all gender transition-related services.”

The new HHS directive enforces the Affordable Care Act’s section 1557, which forbids discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.

In addition to  ruling that “categorical coverage exclusions or limitations for all health care services related to gender transition are discriminatory,” including services such as breast implant surgery, hormone therapy and sex change surgery, the directive says:

  • Women must be treated equally with men in the health care they receive and the insurance they obtain;
  • Individuals must be treated consistent with their gender identity, including in access to facilities;
  • Individuals cannot be denied healthcare or health coverage based on their sex, including their gender identity and sex stereotyping;
  • Providers  may not deny or limit treatment for any health services that are ordinarily or exclusively available to individuals of one gender based on the fact that a person seeking such services identifies as belonging to another gender;
  • Sex-specific health programs or activities are permissible only if the entity can demonstrate an exceedingly persuasive justification, that is, that the sex-specific health program or activity is substantially related to the achievement of an important health-related or scientific objective.

The final rule applies to “any health program or activity” that receives funding through the HHS, including hospitals or doctors accepting payments through taxpayer-subsidized


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