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Obama admin says insurers can’t discriminate against gay unions

Prohibits discrimination even in non-marriage equality states

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Centers for Medicare & Medicaid Services, gay news, Washington Blade
Centers for Medicare & Medicaid Services, gay news, Washington Blade

The Centers for Medicare & Medicaid has issued guidance clarifying insurers can’t discriminate against same-sex couples. (Image public domain)

The Obama administration clarified on Friday that insurers are prohibited from discriminating against same-sex marriages for the purposes of non-grandfathered family coverage — even if applicants are applying in non-marriage equality states.

In guidance dated March 14, the Centers for Medicare & Medicaid says existing provisions in the health care reform law prohibiting discrimination by insurers on the basis of gender — which the Obama administration has interpreted to extend non-discrimination protections based on sexual orientation and gender identity — also requires insurers not to refuse family coverage for married same-sex couples.

The guidance is set up as Q&A. The question is “If a health insurance issuer in the group or individual market offers coverage of an opposite-sex spouse, may the issuer refuse to offer coverage of a same-sex spouse?” The response starts off simply, “No.”

“This section prohibits an issuer from choosing to decline to offer to a plan sponsor (or individual in the individual market) the option to cover same-sex spouses under the coverage on the same terms and conditions as opposite sex-spouses,” the guidance states.

Alicia Hartinger, a CMS spokesperson, said the guidance spells out that non-discrimination is the rule for insurers — both on and off the health insurance exchanges — when selling policies.

“CMS recognizes the importance of all Americans and their families having access to quality, affordable coverage,” Hartinger said. “Today’s guidance clarifies that issuers may not choose to treat same-sex spouses differently from opposite-sex spouses. If an issuer offers opposite-sex spouse coverage, it may not choose to deny the same coverage to a same-sex spouse. We will continue to work with states and issuers to help ensure all Americans have an equal opportunity to purchase the new coverage options available to them.”

The guidance says insurers cannot refuse family coverage to married same-sex couples even if they live in — or the insurance is sold in — a non-marriage equality state that doesn’t recognize those unions.

Additionally, the guidance acknowledges insurers may not have realized this prohibition when designing their policies for the 2014 coverage year. Accordingly, while encouraging immediate compliance, CMS says insurers need not begin adhering to this policy until Jan. 1, 2015. The guidance also directs states to begin enforcing the regulations no later than Jan. 1, 2015.

The guidance doesn’t address whether it requires CMS to provide coverage to same-sex couples in domestic partnerships or civil unions. A CMS official said the guidance applies only to marriages, not these other unions.

LGBT advocates praised the new guidance as a step toward ensuring that married same-sex couples have the same access to health insurance as their opposite-sex counterparts.

Rea Carey, executive director of the National Gay & Lesbian Task Force, earlier said her group wanted the Obama administration to make the clarification and upon news of the guidance said it would help same-sex couples “hurting right now” because they were denied health insurance.

“Today’s important HHS announcement will help remove this type of discrimination by requiring the health insurance industry to treat us the same as straight married couples — even if the states where we live do not recognize marriage equality,” Carey said. “While insurers are not required to be in compliance with the new rules until January 2015, we urge the industry to act now — as affordable health care delayed is affordable health care denied.”

There have been reported incidents of married gay couples being unable to receive family coverage in the aftermath of the implementation of the Affordable Care Act. In February, a gay couple — Alfred Cowger and Anthony Wesley of Gates Mills, Ohio — filed a federal lawsuit charging that they were unable to obtain family coverage because their state doesn’t recognize their marriage.

In January, Blue Cross and Blue Shield canceled family insurance policies it sold to same-sex couples under the Affordable Care Act in North Carolina. Following news reports about the cancellations, the insurer changed course and agreed to offer family coverage on the health insurance exchange to same-sex couples.

Kellan Baker, director of the LGBT State Exchanges Project for the Center for American Progress, said the new guidance is important because research shows LGBT families have trouble accessing health insurance.

“Research has shown that same-sex couples, as well as transgender people and other members of the lesbian, gay, bisexual, and transgender, or LGBT, communities, frequently face obstacles to affordable, comprehensive insurance coverage,” Baker said. “My colleagues and I look forward to working with HHS to ensure that this guidance is fully implemented in a timely manner and that similar action is taken to remove other barriers to coverage, such as discriminatory insurance exclusions that target transgender people.”

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2 Comments

2 Comments

  1. El Dorado

    March 15, 2014 at 8:01 pm

    This is the kind of issue I can see religious conservatives claiming that their faith prevents them from selling insurance to gay married couples because they do not support marriage equality.

  2. JCF

    March 16, 2014 at 4:33 am

    Loves me my President!

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World

Canadian government introduces bill to ban conversion therapy

Prime minister says discredited practice as ‘discriminatory and degrading’

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health disparities, gay news, Washington Blade
(Public domain photo)

The Canadian government on Monday introduced a bill that would ban so-called conversion therapy in the country.

The bill that Attorney General David Lametti and Women and Gender Equality and Youth Minister Marci Ien introduced would amend Canada’s Criminal Code to specifically ban:

  • Causing another person to undergo conversion therapy
  • Removing a minor from Canada to subject them to conversion therapy abroad
  • Profiting from providing conversion therapy
  • Advertising or promoting conversion therapy

A press release the Canadian government issued said the bill would allow courts “to order the seizure of conversion therapy advertisements or to order their removal from computer systems or the internet.”

“The pain and trauma caused by conversion therapy practices continue to have a devastating impact on LGBTQ2 communities across Canada,” said Ien. “Our government is focused on promoting equality rights and tackling discrimination against lesbian, gay, bisexual, transgender, queer and two-spirit people. Criminalizing this practice upholds basic human rights, while also ensuring that every Canadian is free to live their authentic lives.”

Prime Minister Justin Trudeau in a tweet said conversion therapy “is discriminatory and degrading, and has had devastating impacts on LGBTQ2 Canadians.”

“It has no place in our country,” he said.

Tourism Minister Randy Boissonnault, who previously advised Trudeau on LGBTQ issues, also applauded the bill’s introduction.

“Conversion ‘therapy’ is akin to torture,” said Boissonnault. “I encourage all of my colleagues in the House (of Commons), to support this bill that will move to criminalize conversion therapy in Canada once and for all.”

Canada would join Malta and a handful of countries that ban conversion therapy.

Trudeau, who won re-election in September, has previously called for a prohibition of the widely discredited practice. The Canadian Senate earlier this year tabled a separate conversion therapy ban bill.

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Local

D.C. area LGBTQ bars, eateries receive $100K COVID-19 relief grant

Pitchers, League of Her Own received NGLCC, Grubhub funds

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indoor dining, gay news, Washington Blade
(Washington Blade photo by Michael Key)

The D.C. LGBTQ sports bar Pitchers and League of Her Own, its adjoining lesbian bar, are among the nation’s first LGBTQ bars that serve food as well as alcoholic beverages to receive a $100,000 COVID-19 relief grant under a $2 million Community Impact Grant Program.

The program, aimed at supporting LGBTQ-owned and LGBTQ-allied small businesses struggling from the pandemic, was launched in September as a joint project of the National LGBT Chamber of Commerce, which goes by the initials NGLCC, and the global online food delivery company Grubhub.

In a Tuesday announcement, NGLCC and Grubhub said Pitchers and League of Her Own, which operate as one business in adjoining buildings in D.C.’s Adams Morgan neighborhood, are among the first three recipients of $100,000 grants under the Community Impact Grant Program. The other two recipients are FOODE + Mercantile of Fredericksburg, Va., and Café Gabriela of Oakland, Calif.

“Following this initial round of recipients, more grants will be issued in late 2021 and early 2022,” the announcement by the two groups says. In an earlier announcement, the groups said the application period for the grants program took place from September through Oct. 12, and the grants would range in amounts from $5,000 to $100,000.

“The impact of COVID-19 has been debilitating for countless restaurant and bar owners, including the many LGBTQ+-owned restaurants across the country who have persisted through lockdowns, operational changes and labor supply shortages,” said NGLCC Co-Founder and President Justin Nelson. “We’re grateful to have partnered with Grubhub to offer real lifelines to support businesses throughout the nation,” Nelson said.

“Building community in a fun and safe place has been our mission since the very beginning,” said David Perruzza, the owner of Pitchers and League of Her Own. “We’re relieved and thankful for these funds, and are looking forward to more stable days ahead,” Perruzza said.

“As a trans masculine and queer immigrant person of color, I’ve worked hard and put all my love and energy into building a beautiful and welcoming space in Café Gabriela,” said owner Penny Baldado. “I’ve remained resilient through COVID, and this grant is the injection of funds that we need to continue along our journey to full recovery,” Baldado said.

The statement announcing the first three grant recipient says funds for the $2 million grant program were generated by Grubhub’s “Donate the Change” program of which NGLCC became a partner in June. Grubhub says the program asks customers receiving food delivered by Grubhub “to round out their order and donate the difference” to the charitable fund.

“COVID has turned the restaurant industry on its head the last 18 months, and at Grubhub, we’ve been working hard every day to support our restaurant partners across the country,” said Amy Healy, Grubhub’s vice president of government relations. “As the world starts to return to a new normal, we’re proud to partner with the NGLCC and provide these grants to LGBTQ+-owned and LGBTQ+ ally-owned restaurants across the country that are pillars of their communities.”

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Politics

Biden recognizes LGBTQ survivors in World AIDS Day statement

In contrast, Trump consistently omitted sexual minorities

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President Biden recognized LGBTQ people as among the survivors of the HIV/AIDS epidemic on Tuesday in a statement recognizing World AIDS Day, marking a departure from consistent omissions of the LGBTQ community under the Trump administration.

“Ending the HIV epidemic is within our reach, and we are committed to finishing this work,” Biden said. “On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination. No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.”

Biden, as the world recognizes World AIDS Day on Dec. 1, enumerates LGBTQ people as survivors in a paragraph acknowledging the coronavirus pandemic has presented new obstacles in efforts to beat HIV/AIDS.

“The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV,” Biden said. “The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.”

The inclusion of LGBTQ people in a statement recognizing World AIDS Day stands in contrast to statements from President Trump, who consistently declined to mention the LGBTQ community in each of his statements. The consistent omissions took place even though top health officials under the Trump administration started the Ending the HIV Epidemic initiative, which seeks to beat HIV/AIDS by 2030.

Last year, White House Press Secretary Kayleigh McEnany, asked by the Washington Blade why the LGBTQ community was missing from the 2020 statement, responded with a false statement Trump was the first to observe World AIDS Day by adorning the White House with a large red AIDS ribbon. In fact, the practice began under President George W. Bush and had continued through Obama and Trump administrations.

The inclusion of LGBTQ people in Biden’s World AIDS Day statement is consistent with former President Obama mentioning LGBTQ people as among the survivors of HIV/AIDS in his final World AIDS Day statement. In 2016, Obama acknowledged “gay and bisexual men, transgender people, youth, black and Latino Americans, people living in the Southern United States, and people who inject drugs are at a disproportionate risk” of the disease.

Biden in his World AIDS Day statement says his administration “remains steadfast in our efforts to end the HIV epidemic,” ticking off policies his administration has pursued, including a budget request of $670 million to fight HIV/AIDS domestically and support for global initiatives to fight HIV/AIDS, which he said has save more than 21 million lives.

“This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity,” Biden said.

Read Biden’s full statement below:

WORLD AIDS DAY, 2021
 
– – – – – – –
 
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
 
A PROCLAMATION
For decades, World AIDS Day has been recognized as an opportunity for people around the world to stand together in the fight against HIV.  This year on World AIDS Day, we are focused on addressing health inequities and inequalities and ensuring that the voices of people with HIV are at the center of our work to end the HIV epidemic globally.

While we have made remarkable progress in the 40 years since the first-known reported case of AIDS, this disease remains a serious public health challenge — and we join the international community to honor and remember the more than 36 million people, including 700,000 Americans, who have tragically died from AIDS-related illness since the start of the epidemic.  We also renew our commitment to stand with the nearly 38 million people living with HIV around the world as we pursue our shared goal of ending the HIV epidemic.

The COVID-19 pandemic has added to the challenges our heroic health care and frontline workers face, yet they continue to deliver essential HIV prevention services and provide vital care and treatment to people living with HIV.  The pandemic has also interrupted HIV research and highlighted the work that still remains to achieve equitable access to HIV prevention, care, and treatment in every community — particularly for communities of color, adolescent girls and young women, and the LGBTQI+ community.

My Administration remains steadfast in our efforts to end the HIV epidemic, confront systems and policies that perpetuate entrenched health inequities, and build a healthier world for all people. Earlier this year, I reinstated the White House Office of National AIDS Policy to coordinate our efforts to reduce the number of HIV infections across our Nation.  This week, my Administration is releasing an updated National HIV/AIDS Strategy to decrease health inequities in new diagnoses and improve access to comprehensive, evidence-based HIV-prevention tools. This updated strategy will make equity a cornerstone of our response and bring a whole-of-government approach to fighting HIV.

My budget request includes $670 million to support the Department of Health and Human Services’ Ending the HIV Epidemic in the U.S. Initiative — to reduce HIV diagnoses and AIDS-related deaths.  My Administration has also strengthened the Presidential Advisory Council on HIV/AIDS by adding members from diverse backgrounds who bring the knowledge and expertise needed to further our Nation’s HIV response. 

My Administration is committed to helping the world end the AIDS epidemic as a public health threat by 2030.  Through the United States President’s Emergency Plan for AIDS Relief (PEPFAR), we have saved more than 21 million lives, prevented millions of HIV infections, and supported at least 20 countries around the world to reach epidemic control of HIV or achieve their ambitious HIV treatment targets.  This remarkable progress over the past 18 years has been made possible through strong, bipartisan United States leadership and American generosity.  Now, together with partner governments and communities, my Administration is setting a bold vision for achieving sustained epidemic control of HIV by supporting equitable health services and solutions, contributing to improved health for all in PEPFAR-supported countries, and working with the Global Fund to Fight AIDS, Tuberculosis and Malaria; UNAIDS; and other regional and local partners toward the goal of ending the HIV epidemic everywhere.

Ending the HIV epidemic is within our reach, and we are committed to finishing this work.  On World AIDS Day, we rededicate ourselves to building on the progress of the last 4 decades; upholding and advancing human rights; supporting research, science, and data-driven solutions; expanding access to housing, education, and economic empowerment; and fighting stigma and discrimination.  No one living with HIV should suffer the undeserved guilt and prejudice that too many continue to experience.  We must innovate and explore new ways to help address HIV/AIDS in communities here at home and around the world.

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim December 1, 2021, as World AIDS Day.  I urge the Governors of the United States and its Territories, and the American people to join the HIV community in activities to remember those who have lost their lives to AIDS and to provide support, dignity, and compassion to those living with HIV.

IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of November, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-sixth.
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