Responding to an inquiry from the HRC, the Department of Health and Human Services has pointed out that the Affordable Healthcare Act (aka "Obamacare") does prohibit discrimination based on gender identity. Details follow. 

The HRC reports:

In response to a letter from LGBT organizations, including HRC, the Department of Health and Human Services confirmed that the non-discrimination provision in the Affordable Care Act prohibits discrimination based on gender identity and sex stereotyping.  This part of the law, referred to as Section 1557, extends the protections of existing federal civil rights laws – which prohibit discrimination based on race, national origin, sex, disability and age – to anyone served under any federally funded or administrated health program or activity, or any entity established under the Act.  Individuals who feel they have been discriminated against in a healthcare program that may fall under this protection can file a complaint with HHS’s Office of Civil Rights here. 

“This anti-discrimination law, enacted as part of the Affordable Care Act, creates an important new tool to combat anti-LGBT and especially anti-transgender discrimination in health care," said National Center for Transgender Equality Executive Director Mara Keisling.

“HHS affirms our position that these abuses are now clearly illegal. But a law explicitly banning health care discrimination based on gender identity is the next step. Our community needs medical providers to know what their obligations are and passing a law is the strongest and clearest way to do that.”

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