News
Will Obama ‘use the pen’ to protect LGBT workers?
President pledges to take executive action if Congress fails to pass agenda items

White House Press Secretary Jay Carney won’t say whether Obama’s use of his pen will include action to protect LGBT workers. (Washington Blade photo by Damien Salas)
President Obama pledged this week to take executive action if Congress fails to pass certain items on his legislative agenda, but so far the strategy of bypassing Congress doesn’t extend to the issue of barring discrimination against LGBT workers.
In public remarks before a Cabinet meeting on Tuesday, Obama said he intends to make clear that Congress isn’t the only path for policy change, saying “we are not just going to be waiting for legislation” to provide aid to Americans.
“I’ve got a pen and I’ve got a phone,” Obama said. “And I can use that pen to sign executive orders, and take executive actions and administrative actions that move the ball forward in helping to make sure our kids are getting the best education possible, and making sure that our businesses are getting the kind of support and help they need to grow and advance to make sure that people are getting the skills that they need to get those jobs that our businesses are creating.”
That situation could apply to the Employment Non-Discrimination Act, a bill that would bar most employers from engaging in anti-LGBT workplace discrimination. Although the bill passed the Senate last year on a bipartisan basis, it has languished in the House. House Speaker John Boehner (R-Ohio) has said he opposes the legislation.
LGBT advocates are jumping on Obama’s remarks as another opportunity to push him to sign the executive order prohibiting federal contractors from discriminating against LGBT workers.
Fred Sainz, vice president of communications for the Human Rights Campaign, said his organization “certainly hope[s]” the president’s words — and similar words from other administration officials — indicates Obama is preparing to take action to institute LGBT non-discrimination protections.
“The White House’s statements were a perfect description of the executive order that hardworking LGBT Americans need,” Sainz said.
Rea Carey, executive director of the National Gay & Lesbian Task Force, said the “time is right for more action” in the wake of Obama’s words that he’ll use his pen to advance his agenda.
“If politics is local, then all the administration has to do is take a look at what Virginia’s new Gov. Terry McAuliffe did as his first act — signing an executive order that protects LGBT state employees from discrimination,” Carey said. “With one stroke of his pen, the president can immediately improve the lives of LGBT people across the country; we encourage him to use it.”
But the White House maintains the legislative route to protecting LGBT workers from discrimination is the path it prefers.
Under questioning from the Washington Blade, White House Press Secretary Jay Carney said on Thursday he doesn’t “have any change or update” from the administration’s previously stated preference for passage of ENDA over an executive order prohibiting LGBT discrimination among federal contractors.
“So our view has always been that the best way to address this important matter is through broad, comprehensive employment non-discrimination legislation,” Carney said. “And we support action on that legislation in the House so that the president can sign it.”
Asked by another reporter why the president would take executive action to advance his policies on issues such as gun control and education, but not on LGBT discrimination, Carney reiterated the administration’s position.
“We are very focused on the potential for further action in the Congress — for the progress that we’ve seen around the country and in Congress in recognizing that these are fundamental rights that ought to be recognized,” Carney said. “And we expect that Congress will, as I said, get on the road toward progress that so many in this country have been traveling on these issues.”
Obama’s words this week mark a significant change in tone from what he’s previously said on the issue of bypassing Congress and issuing executive orders to enact new policy.
In November during a fundraiser for the Democratic National Committee in San Francisco, Obama was heckled by an audience member who kept shouting “executive order.” Although the protester didn’t make clear on what issue he was seeking executive action, Obama responded that his belief generally is that he shouldn’t bypass Congress.
“There is no shortcut to politics,” Obama said. “And there’s no shortcut to democracy. And we have to win on the merits of the argument with the American people. As laborious as it seems sometimes, as much misinformation as there is out there sometimes, as frustrating as it may be sometimes, what we have to do is just keep on going, keep on pushing.”
The reason for the change in tone could be attributable to a new face on the White House staff. John Podesta has recently joined the staff as a counselor to Obama. During his time building the Center for American Progress as its founder, Podesta was a strong advocate of use of executive power by the president.
In a 2010 report titled, “The Power of the President: Recommendations to Advance Positive Change,” Podesta advocates for the use of executive power for Obama to advance job creation and economic competitiveness and to improve education, health care and security.
“Concentrating on executive powers presents a real opportunity for the Obama administration to turn its focus away from a divided Congress and the unappetizing process of making legislative sausage,” Podesta writes. “Instead, the administration can focus on the president’s ability to deliver results for the American people on the things that matter most to them.”
Winnie Stachelberg, vice president of external affairs at the Center for American Progress, insisted that Obama has asserted he has the prerogative to exercise executive authority, saying she supports him doing so for LGBT workers.
“I think his comments this week and comments from others who are senior advisers at the White House that he will act if Congress doesn’t is in keeping with what he has said in his first term and in the past year in his second term,” Stachelberg said. “He has been clear that he wants to work with Congress on issues that challenge our country, but where and when Congress won’t act, he will use the authority that he has.”
Obama will likely flesh out what he intends to pursue through executive action during his annual State of the Union Address before a joint session of Congress on Jan. 28. Although the details of the speech are under wraps, Obama has already disclosed he’ll talk about mobilizing the country around a national mission of ensuring the economy offers all hardworking Americans a fair shot at success.
Tico Almeida, president of Freedom to Work, identified another item that Obama should bring up during the State of the Union speech: pushing the U.S. House to finish the job on ENDA.
“We will keep pushing for an ENDA vote in the House of Representatives in 2014, and we hope the president will use the State of the Union Address to call for that vote, but the very best thing he can do right now is lead by example and sign the executive order,” Almeida said.
Advocates of workplace protections pushed Obama to sign the directive prior to his campaign to win a second term, but the White House announced it wouldn’t happen at that time. Despite a presumption the president would sign the measure once re-elected, there was no change in the White House position following Election Day.
After first lady Michelle Obama was heckled during a DNC fundraiser over the executive order, renewed pressure was placed on the White House, and advocates had renewed hopes Obama would announce he would sign the order at the annual Pride reception at the White House. Instead, Obama took the opportunity to renew his call for ENDA passage.
Finally, amid questions over whether Obama would sign the executive order once ENDA made it halfway through Congress and passed the Senate, the White House indicated there was still no change in plans.
Dan Pinello, a political scientist at the City University of New York, didn’t put much stock in the notion that things would change this time around — despite the president’s words.
“My guess is that Obama would not issue an executive order that might unduly upset the business community,” Pinello said. “He’s been fairly deferential to them.”
Pinello added most federal contractors are large enough business entities that they likely have LGBT non-discrimination provisions already in place with regard to LGBT people.
“Thus, there might be significantly diminished returns from such an executive order, especially in light of the antagonism potentially felt by those small contractors who’d feel put upon by the action,” Pinello said. “So I’d be surprised if Obama did it.”
2026 Midterm Elections
LGBTQ Victory Fund looks beyond Washington for change in 2026
Vice President of Political Programs Daniel Hernández spoke with Blade
As the Trump-Vance administration enters its second year, LGBTQ people from around the country are running for public office amid fears of the removal of federal civil rights laws that could lead to rollbacks in protections.
The Washington Blade sat down with Daniel Hernández Jr., the newly made vice president of political programs for the LGBTQ Victory Fund, a nonpartisan political action committee dedicated to electing openly LGBTQ individuals to all levels of government, to discuss why now is more important than ever to actualize LGBTQ political power.
Hernández is often credited with saving the life of then-U.S. Rep. Gabrielle Giffords (D-Ariz.) while working as her 20-year-old intern in Tucson, Ariz., in 2011. He served on the Pima County School Board and in the Arizona House of Representatives from 2017-2023, advocating for LGBTQ rights, healthcare access, and education.
Founded in 1991, the Victory Fund was created by a group of prominent LGBTQ political voices, including Dallas gay rights activist William Waybourn and former Human Rights Campaign Fund Executive Director Vic Basile, who were inspired by the success of EMILY’s List, a PAC that works to elect Democratic women to office.
Since its founding, the Victory Fund has worked with LGBTQ advocates and LGBTQ-supportive donors who recognized the need to prepare LGBTQ people to run for office nationwide.
When asked where LGBTQ people and allies need to focus looking ahead, Hernández emphasized that 2026 will be won or lost at the state and local level.
“One of the bigger things that people may not be paying as close attention to as we really should is the impact of state and local races. Federal races are crucial, obviously, but the folks who are actually able to have an impact in a meaningful way right now are not the people in the U.S. House or Senate,” Hernández said. “It can take years before a bill even moves through Congress. Meanwhile, state and local leaders are the ones standing up and fighting for our rights today. Especially during this Trump administration, that’s where the real action is happening.”
He expanded on that point, saying that at this moment in the U.S. political landscape, statewide races matter far more than they are often given credit for — particularly as 2026 is a midterm year under President Donald Trump. People who win elected office in midterm years, Hernández explained, are many times viewed as legislators pushing back against the administration at the top.
“Looking at 2026 in particular, because it’s a midterm year, people sometimes forget just how many critical statewide races are on the ballot. We have people like Chris Mayes in Arizona, who won by less than 300 votes in a battleground state and is now running for reelection,” he said. “These are the races that protect democracy and protect people’s rights in real time. If we ignore them, we’re doing so at our own peril. Statewide offices are where so much power actually lives.”
Hernández also urged LGBTQ voters and donors to think critically about where their time, money, and energy are going — particularly as resources remain limited heading into 2026 and not every race is winnable.
“I think one thing we don’t do enough as a community is pause and ask whether our resources are actually going where they can have an impact. If someone is running against a Republican in a plus-20 Republican state that hasn’t elected a Democrat in decades, do I really need to give my limited resources there? Or does it make more sense to support candidates in competitive states like Arizona or Wisconsin? In 2026, we have to be more strategic, because our resources are not unlimited. Winning matters.”
That calculation, Hernández said, also means moving away from what he described as emotionally driven donations and toward a more deliberate strategy.
“Our community is incredible at rallying when we’re angry, and I call that ‘rage giving.’ Someone awful is in office, a challenger pops up, and we all open our wallets. But what we really need to be doing is asking where that money will actually move the needle. In 2026, it’s not enough to feel good about donating — we have to make sure those donations help candidates who can realistically win. That’s how we protect LGBTQ rights long term.”
Asked how the Victory Fund determines which candidates receive endorsements — especially amid a growing field of openly LGBTQ contenders — Hernández emphasized that viability is central to the organization’s approach in 2026.
“One of the things we’re really focused on in 2026 is viability. We’re not endorsing people who have a zero-percent chance of winning. We’re looking at candidates who are running strong campaigns, who have plans, who are fundraising, and who are doing the work. That’s important because our community deserves guidance it can trust. When you see a Victory endorsement, it means we believe that candidate can actually win.”
Hernández also pushed back on the long-standing notion that being openly LGBTQ is a political liability — an argument that has resurfaced amid right-wing attacks on LGBTQ candidates.
“There’s been this long-standing perception that being LGBTQ is a liability and that it can cost Democrats elections. But when you actually look at the data, that just isn’t true. The reality is that being LGBTQ is not a risk — it’s often a strength. Voters care about roads, health care, affordability, and jobs, not fear-based caricatures. In 2026, we’re seeing more LGBTQ candidates than ever because people understand that now.”
That shift, he added, has helped reframe what LGBTQ candidates are actually campaigning on — despite efforts by conservatives to reduce them to culture-war issues.
“The so-called ‘gay agenda’ is not bathrooms. It’s making sure people have access to health care, that roads are safe, and that families can afford to live. LGBTQ candidates are talking about the same bread-and-butter issues as everyone else. That’s why the idea that LGBTQ candidates cost elections just doesn’t hold up. In fact, we’re seeing them lead on some of the most important issues facing voters right now.”
As misinformation and fear-based narratives continue to dominate right-wing messaging, Hernández said openly LGBTQ elected officials play a crucial role in countering those attacks — both through policy and presence.
“First and foremost, any elected official’s responsibility is to their constituents. That’s what we’re seeing from LGBTQ officials who are focused on affordability, health care access, and consumer protections while Republicans obsess over culture-war nonsense,” Hernández said. “But there’s also a responsibility to be authentic. Being honest about who you are and why you fight matters. That authenticity cuts through fear-based disinformation.”
Looking ahead to 2026, Hernández pointed to transgender elected officials as a particular source of momentum and optimism, even amid intensified political attacks.
“Our trans elected officials are honestly at the forefront of some of the biggest battles we’re facing right now. Despite relentless attacks and vilification, they are still delivering results for their communities. That tells me something incredibly powerful about where the country is headed. Even in this political climate, trans leaders are winning and governing. That gives me a lot of hope for 2026.”
Ultimately, Hernández said the stakes of the upcoming cycle extend far beyond a single election, shaping the future of LGBTQ political leadership nationwide.
“The leaders we elect at the state and local level today are the members of Congress and senators of tomorrow. People don’t just wake up one day and run for Congress — they come from city councils, state legislatures, and school boards. That’s why 2026 is so important. If we invest now, we’re not just defending our rights in the moment, we’re building the next generation of LGBTQ leadership.”
Victory Fund’s endorsed candidates
Incumbents Endorsed: January 2026
- Helen Grant (they/them) – Norman City Council, Ward 4, Okla.
- Louie Minor (he/him) – Bell County Commission, Precinct 4, Texas
- Jonathan West (he/him) – Manchester Selectboard, Vt.
- George Leach (he/him) – Court of Common Pleas, Franklin County Judge, Ohio
- John Fredrickson (he/him) – Nebraska State Senate, District 20
- Ben Bowman (he/him) – Oregon House of Representatives, District 25
- Jeffrey Prang (he/him) – Los Angeles County Assessor, Calif.
- Amie Carter (she/her) – Sonoma County Superintendent of Schools, Calif.
- Elinor Levin (she/her) – Iowa House of Representatives, District 89
- Ken Carlson (he/him) – Contra Costa County Supervisor, District 4, Calif.
- Emma Pinter (she/her) – Adams County Commission, District 3, at-large, Colo.
- Justin Chenette (he/him) – York County Commission, District 3, Maine
- Kris Fair (he/him) – Maryland House of Delegates, District 3
- Jennifer Cornell (she/her) – Ann Arbor City Council, Ward 5, Mich.
- Darlene Martinez (she/her) – Constable, El Centro – Downtown Phoenix, Ariz.
- Brian Garcia (he/him) – Arizona House of Representatives, District 8
- Christian Phelps (he/him) – Wisconsin State Assembly, District 93
- Jack Patrick Lewis (he/him) – Massachusetts House of Representatives, 7th Middlesex
- Will Brownsberger (he/him) – Massachusetts State Senate, Suffolk and Middlesex Counties
- Julian Cyr (he/him) – Massachusetts State Senate, Cape & Islands District
- CM Hall (she/they) – Newport City Council, Ore.
- Jimmy Mack (he/him) – Southampton Town Trustee, N.Y.
- Michael Vargas (he/him) – Elk Grove USD Board of Education, Area 2, Calif.
- Lisa Grafstein (she/her) – North Carolina State Senate
- Hector Bustos (he/him) – Trustee, Santa Ana Unified School District, Calif.
Newly Endorsed Candidates – January 2026
- Kirk McPike (he/him) – Virginia House of Delegates, District 5
- Winn Decker (he/him) – North Carolina House of Representatives, District 37
- Jonathan Lambert-Melton (he/him) – Wake Co. Board of Commissioners, At-Large, N.C.
- Karen Stegman (she/her) – Orange County Board of Commissioners, At-Large, N.C.
- Landon Campbell (he/him) – Hays County Criminal District Attorney, Texas
- Christine Castillo (she/her) – Bexar County District Clerk, Texas
- Nicholas “Nico” Costilla (he/him) – Hays County Clerk, Texas
- Davis Mendoza Darusman (he/him) – Harris Co. Justice of the Peace, Pct. 5, Pl. 2, Texas
- Nicholas Palmer (he/him) – Justice, Fifth Court of Appeals, Texas
- José “Che-Che” Wilson (he/him) – Cook County Board of Commissioners, District 12, Ill.
- Sarah Bury (she/her) – Metropolitan Water Reclamation District Board of Commissioners, Ill.
For more information of the LGBTQ Victory Fund’s endorsments, qualifications, or on how to register to receive an endorsement, visit the organization’s website at victoryfund.org
Congress
New Equality Caucus vice chair endorses Equality Act, federal trans bill of rights
Salinas talks about her personal road to LGBTQ advocacy
Rep. Andrea Salinas, the new vice chair of the Equality Caucus, sat down with the Blade to discuss the battles ahead as she demands protections for LGBTQ Americans.
Salinas is no stranger to government service. The daughter of a Mexican immigrant, she graduated from the University of California, Berkeley, and soon became a valued member of multiple Democratic offices — including working as a congressional aide to U.S. Sen. Harry Reid (D-Nev.) and U.S. Reps. Pete Stark (D-Calif.) and Darlene Hooley (D-Ore.). From there, she served six years in the Oregon House of Representatives before being elected to Congress, representing areas south of Salem and parts of southern Portland. With her new role in the Equality Caucus, Salinas vows to push protections for LGBTQ Americans in every room she enters.
The Washington Blade spoke with Salinas last week following her leadership announcement to discuss what the role means to her, why she — as a straight woman— feels it is her duty to fight for LGBTQ protections, and how she views the current state of the country.
When asked why she decided to take on a leadership role within the Equality Caucus, Salinas explained that she was already doing the work — but that the timing of the caucus’s outreach, coupled with what she described as a growing threat posed by the Trump-Vance administration, made the moment feel especially urgent.
“I was actually asked to take on this role because of the work I’ve already been doing. I didn’t seek out a title— the Congressional Equality Caucus came to me, and I was honored by that,” the Oregon representative told the Blade. “I’ve been a lifetime advocate, first as a mother and then as a legislator. With Trump back in office and the shackles off, kids are vulnerable right now, and they’re being attacked. We need champions, and with or without a title, I was going to do this work anyway.”
That work includes passing LGBTQ-related education policy during her time in the Oregon House of Representatives, requiring the Oregon Department of Education to train teachers on how to better support LGBTQ students. She also backed legislation aimed at preventing LGBTQ-related bullying and harassment, while using her platform to ensure educators had the skills needed to address trauma in the classroom. Salinas also pushed for Oregon’s 2013 conversion therapy ban and played a role in defending it.
Salinas said her personal motivation for expanding and protecting LGBTQ rights is rooted in the experiences of her daughter, Amelia.
“My daughter is queer, and she has known who she is since she was a child,” Salinas said. “She presents very masculine, and I’ve had to advocate for her her entire life — from whispers on soccer sidelines to fears about using the bathroom when she was just three or four years old. That kind of bullying and harassment stays with you as a parent. It became part of who I am, part of my ‘mama bear’ advocacy. When I entered public office, continuing that fight was the most natural thing in the world.”
That “mama bear” advocacy, she said, now extends far beyond her own family.
“Across this country, kids are vulnerable right now, and Trump is attacking them,” she said. “My daughter was devastated after the 2024 election— she said, ‘They’re coming after us,’ and she was right. That fear is real, especially for transgender youth. Civil rights should be expanding, not being stripped away from certain communities. That’s why this fight feels so urgent.”
Since returning to the White House in 2024, the Trump administration has moved to roll back anti-discrimination protections, particularly those affecting transgender people. These efforts include barring transgender people from serving openly in the military, blocking access to gender-affirming medical care in federal health programs, challenging state laws that protect transgender students on religious grounds, and arguing that the Constitution entitles employers to discriminate against LGBTQ people based on religious beliefs — even in states with nondiscrimination laws.
For Salinas, the Equality Caucus’s most urgent task under the Trump-Vance administration is advancing what she called a long-sought but non-negotiable priority: the Equality Act.
The Equality Act would add explicit protections based on sexual orientation and gender identity to federal law. Despite more than five decades of debate on Capitol Hill, no version of the bill has yet become law.
“We have to keep pushing the Equality Act— there’s no way around that. No one should be discriminated against in housing, employment, credit, or healthcare because of who they are,” Salinas said. “Republicans are making LGBTQ identity a political wedge because they think it’s expedient, and that’s unacceptable. Sexual orientation and gender identity should not matter in determining someone’s access to opportunity. Yet here we are, still having to fight for that basic principle.”
Salinas added that advancing legislation like the Equality Act requires compassion— even when that compassion is not returned— and a commitment to education.
“We have to meet people where they are— Democrats, Republicans, independents, all of them. Until you know a family, or understand someone’s lived experience, it can feel abstract and overwhelming,” she said. “Education, compassion, and empathy are essential to moving the dial. When people understand this is about human rights, not politics, conversations start to change. That’s how we build broader support.”
She also emphasized the need for a federal transgender bill of rights, which would provide explicit protections for transgender Americans amid what she described as an increasingly hostile federal environment.
“A transgender bill of rights would clarify that discrimination against transgender and nonbinary people is illegal — in employment, housing, credit, and healthcare,” Salinas said. “What’s happening right now, with efforts to criminalize doctors for providing evidence-based care, is unheard of and dangerous. We also need to ban conversion therapy nationwide, because states are increasingly trying to undo those protections through the courts. These safeguards are about ensuring people can live safely and with dignity. That should not be controversial.”
Mental health is another central focus of Salinas’s work. She said ensuring children have access to support— particularly LGBTQ youth— is critical to their long-term wellbeing.
After the Trump administration eliminated the LGBTQ-specific option from the 988 Suicide and Crisis Lifeline, Salinas said her reaction was one of outrage.
“When Trump shut down the 988 press-three option for LGBTQ youth, I was apoplectic,” she said. “It is one of the simplest, most upstream ways to save lives, and it felt arbitrary, cruel, and inhumane. We know the suicide risk among transgender youth is far higher than among non-LGBTQ kids. Connecting them with someone who understands their experience can be life-saving. This should be bipartisan, and I’m going to keep pushing to restore it.”
“You cannot be what you cannot see….” she added while reflecting on the handful of LGBTQ leaders who have— and continue to— navigate the halls of Congress to protect their community. “When Sarah McBride was elected, my daughter met with her and walked out glowing… joyful, hopeful, and excited about the future. That kind of representation changes lives. Electing LGBTQ leaders changes the trajectory for people across the country. Grassroots organizing and electoral power go hand in hand, and we need both.”
With Salinas’s experience in both the Oregon House of Representatives and the U.S. House of Representatives, she said that while one arena may reach more people, change often begins locally, especially when combating anti-LGBTQ attacks.
“I’ve seen how misinformation fuels fear at the local level— whether it’s school board fights or bathroom debates rooted in baseless claims. There is no data to support these scare tactics,” she said, echoing her past work with the Oregon Department of Education. “What actually helps is facts, education, and training teachers to better support LGBTQ students. I passed legislation in Oregon to give educators real tools to prevent bullying and harassment. That kind of work matters just as much as what we do in Congress.”
Despite just being named vice chair of the Equality Caucus, the Blade asked Salinas what legacy she hopes to leave, particularly when it comes to LGBTQ advocacy.
“I want people to be able to live authentically, without fear from their government or their neighbors. That means passing real legislation— the Equality Act and a transgender bill of rights— so protections are not dependent on who’s in power. Civil and human rights are meant to expand, not contract.
“I’ve been doing this work since I became a mother, and I’ll keep doing it for as long as it takes. My daughter deserves it, and so does every LGBTQ person in this country.”
District of Columbia
D.C. Council gives first approval to amended PrEP insurance bill
Removes weakening language after concerns raised by AIDS group
The D.C. Council voted unanimously on Feb. 3 to approve a bill on its first of two required votes that requires health insurance companies to cover the costs of HIV prevention or PrEP drugs for D.C. residents at risk for HIV infection.
The vote to approve the PrEP D.C. Amendment Act came immediately after the 13-member Council voted unanimously again to approve an amendment that removed language in the bill added last month by the Council’s Committee on Health that would require insurers to fully cover only one PrEP drug.
The amendment, introduced jointly by Council members Zachary Parker (D-Ward 5), who first introduced the bill in February 2025, and Christina Henderson (I-At-Large), who serves as chair of the Health Committee, requires insurers to cover all U.S. Food and Drug Administration approved PrEP drugs.
Under its rules, the D.C. Council must vote twice to approve all legislation, which must be signed by the D.C. mayor and undergo a 30-day review by Congress before it takes effect as a D.C. law.
Given its unanimous “first reading” vote of approval on Feb. 3, Parker told the Washington Blade he was certain the Council would approve the bill on its second and final vote expected in about two weeks.
Among those who raised concerns about the earlier version of the bill was Carl Schmid, executive director of the D.C.-based HIV+Hepatitis Policy Institute, who sent messages to all 13 Council members urging them to remove the language added by the Committee on Health requiring insurers to cover just one PrEP drug.
The change made by the committee, Schmidt told Council members, “would actually reduce PrEP options for D.C. residents that are required by current federal law, limit patient choice, and place D.C. behind states that have enacted HIV prevention policies designed to remain in effect regardless of any federal changes.”
Schmid told the Washington Blade that although coverage requirements for insurers are currently provided through coverage standards recommended in the U.S. Affordable Care Act, known as Obamacare, AIDS advocacy organizations have called on D.C. and states to pass their own legislation requiring insurance coverage of PrEP in the event that the federal policies are weakened or removed by the Trump administration, which has already reduced or ended federal funding for HIV/AIDS-related programs.
“The sticking point was the language in the markup that insurers only had to cover one regimen of PrEP,” Parker told the Blade in a phone interview the night before the Council vote. “And advocates thought that moved the needle back in terms of coverage access, and I agree with them,” he said.
In anticipation that the Council would vote to approve the amendment and the underlying bill, Parker, the Council’s only gay member, added, “I think this is a win for our community. And this is a win in the fight against HIV/AIDS.”
During the Feb. 3 Council session, Henderson called on her fellow Council members to approve both the amendment she and Parker had introduced and the bill itself. But she did not say why her committee approved the changes that advocates say weakened the bill and that her and Parker’s amendment would undo. Schmid speculated that pressure from insurance companies may have played a role in the committee change requiring coverage of only one PrEP drug.
“My goal for advancing the ‘PrEP DC Amendment Act’ is to ensure that the District is building on the progress made in reducing new HIV infections every year,” Henderson said in a statement released after the Council vote. “On Friday, my office received concerns from advocates and community leaders about language regarding PrEP coverage,” she said.
“My team and I worked with Council member Parker, community leaders, including the HIV+Hepatitis Policy Institute and Whitman-Walker, and the Department of Insurance, Securities, and Banking, to craft a solution that clarifies our intent and provides greater access to these life-saving drugs for District residents by reducing consumer costs for any PrEP drug approved by the U.S. Food and Drug Administration,” her statement concludes.
In his own statement following the Council vote, Schmid thanked Henderson and Parker for initiating the amendment to improve the bill. “This will provide PrEP users with the opportunity to choose the best drug that meets their needs,” he said. “We look forward to the bill’s final reading and implementation.”
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