Notice of Preliminary Injunction Against Enforcement of Section 1557 Rule Provisions on
Gender Identity and Termination of Pregnancy
The U.S. District Court for the Northern District of Texas issued an opinion and order on December 31, 2016 in Franciscan Alliance, Inc. et al v. Burwell. The order preliminarily enjoins HHS from enforcing, on a nationwide basis, the provisions of the regulation implementing Section 1557 of the Affordable Care Act that prohibit discrimination based on gender identity or termination of pregnancy.
Section 1557 of the Affordable Care Act is critical to ensuring that individuals, including some of our most vulnerable populations, do not suffer discrimination in the health care and health coverage they receive. HHS is therefore disappointed by the Court’s decision to preliminarily enjoin certain important protections against unlawful sex discrimination in our health care system.
HHS’s Office for Civil Rights will continue to enforce the law – including its important protections against discrimination on the basis of race, color, national origin, age, or disability and its provisions aimed at enhancing language assistance for people with limited English proficiency, as well as other sex discrimination provisions – to the full extent consistent with the Court’s order.
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