Trump Era Rescinds Biden’s Hospital Protection, Beefs Up Whistleblower Protections
March 10, 2023:
The Trump administration has overturned a directive implemented by former President Joe Biden in March 2022, which granted hospitals protection from investigations and limited the disclosure of medical information related to transgender youth. The move signals a shift in the administration’s approach to transgender healthcare and whistleblower protections.
Protection from Investigations Rescinded
The Biden-era directive, titled "HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy," provided hospitals with the right to refuse compliance with state-level investigations into their provision of transgender medical treatments. However, under the new Trump administration directive, this protection has been eliminated.
Whistleblower Safeguards Intensified
While the Biden directive limited hospital compliance with investigations, it also strengthened protections for medical whistleblowers. In contrast, the Trump administration has indicated that it will issue new guidance to enhance safeguards for whistleblowers who report wrongdoing related to transgender healthcare.
Dr. Eithan Haim’s Perspective
Dr. Eithan Haim, who faced prosecution under the Biden administration for releasing documents alleging transgender medical procedures were being performed on minors at Texas Children’s Hospital, welcomed the Trump directive. He expressed concerns that the Biden administration had "closed the door for whistleblowers" and "targeted individuals exposing criminal entities."
Removal of Gender Dysphoria as a Disability
In addition to rescinding the directive protecting hospitals from investigations, the Trump administration also removed gender dysphoria from being considered a disability under both the federal Rehabilitation Act and the Americans with Disabilities Act. This change is likely to have significant implications for access to healthcare and insurance coverage for transgender individuals.
Discrimination Protections Reversed
The Trump administration has also rescinded orders from the Biden administration that prohibited federally funded health programs from discriminating against individuals based on their gender identity. This reversal could make it more difficult for transgender individuals to access healthcare services.
Legal Basis Lacking
According to the Trump administration’s rescission notice, the Biden directive lacked a "sufficient legal basis" under federal privacy laws. The notice further states that the Biden directive "permits the release of personal health information tied to transgender procedures when needed to comply with other laws."
Response from HHS
Fox News Digital reached out to the Health and Human Services Department (HHS) for comment but did not receive a response before publication time.
Conclusion
The Trump administration’s rescission of the Biden-era directive and its plans to strengthen whistleblower protections signal a significant shift in the administration’s approach to transgender healthcare and whistleblower protection. The impact of these changes on hospitals, healthcare providers, and transgender individuals remains to be seen.
