A total of 23 attorneys general, including Nevada are suing the Trump Administration in hopes of blocking the implementation of a rule overturning Obama-era protections for transgender people against sex discrimination in health care.
New York Attorney General Letitia James, leading the group of 23 states, said the change affecting the Affordable Care Act's anti-discrimination section would give health care providers and insurance companies carte blanche to refuse treatment based on factors such as gender identity.
James also raised concerns that women could be denied access to abortion under the revision, which takes effect Aug. 18, and that non-English speakers will be deprived of information through a change to requirements that insurers print materials in a variety of languages.
The lawsuit, filed in Manhattan federal court against the Department of Health and Human Services, secretary Alex Azar and civil rights chief Roger Severino, seeks an injunction to stop the rule from taking effect. The attorneys general argue it violates the Fifth Amendment's equal protection clause.
“Despite failing to repeal the ACA again and again, President Trump and his administration continue to unlawfully chip away at health care for Americans,” said New York Attorney General Letitia James. “By rolling back rules that ensure the ACA protects all Americans, the president is unlawfully giving health care providers and insurers license to deny care to LGBTQ+ individuals, those who do not speak English, and women. It is never acceptable to deny health care to Americans who need it, but it is especially egregious to do so in the middle of a pandemic. For more than a decade, the ACA has provided tens of millions of Americans with quality, affordable health coverage, which is why we will use every tool at our disposal to stop the Trump Administration from taking us backwards.”
Attorney General James led the lawsuit with the assistance of the attorneys general of California and Massachusetts. Additionally, the attorneys general of Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Michigan, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Wisconsin, and the District of Columbia joined Attorney General James in filing the lawsuit.
(The Associated Press, CBS News contributed to this report.)
