Letter to Alex Azar, Secretary of the Dept. of Health and Human Services - House Health Leaders Oppose Rule To Roll Back ACA Nondiscrimination Protections

Letter

Dear Secretary Azar:

As Chairs of House Committees with legislative and oversight jurisdiction over programs
administered by the Department of Health and Human Services, we write in strong opposition to
the finalization of the rule misleadingly entitled, "Nondiscrimination in Health and Health
Education Programs or Activities." Despite its name, this rule is discriminatory and would
remove many health care programs and activities from protections provided under the Affordable
Care Act's nondiscrimination requirements. It would also overturn core protections for
LGBTQ+ people and other marginalized communities. At a time when the United States is
grappling with the 2019 coronavirus (COVID-19) pandemic and access to health care services is
so critical, we are disappointed that this Administration is once again taking steps to limit access
to health care and embolden discrimination against some of the most vulnerable among us.

If finalized, this dangerous rule would open the door to discrimination against patients in
express contradiction to the plain language and intent of the law, and would therefore be illegal.
Undermining protections for marginalized individuals at any time is unacceptable, but it is
particularly egregious to do so during the worst global pandemic in over a century. Right now,
the federal government should be working to ensure that all patients are able to access essential
health care--including COVID-19 testing and treatment--but instead this rule would embolden
discrimination and harm many people, including LGBTQ+ patients, women, individuals with
limited English proficiency, and individuals with disabilities.

On February 29, 2020, Vice President Mike Pence stated that responding to COVID-19
was "an all-hands-on-deck effort." Yet, in spite of the ongoing threat posed by COVID-19, this
Administration has prioritized finalizing this harmful final rule, which was transmitted to the
Office of Management and Budget on April 23, 2020 for final regulatory review.

This rule poses an increased nationwide threat and may potentially force some patients to
choose between facing discrimination or seeking necessary health care services in the midst of a
pandemic. Moreover, this rule would inflict far-reaching and significant harm upon patients who
have historically experienced discrimination in health care settings.

For the foregoing reasons, we strongly urge the Department not to finalize this rule and
instead focus critical resources on responding to the COVID-19 pandemic.

Thank you for your immediate attention to this matter.

Sincerely,