Two Texas doctors won class certification in a suit to stop HHS from treating discrimination based on sexual orientation or gender identity as sex discrimination actionable under the Affordable Care Act’s antibias provision.
Susan Neese and James Hurly alleged in the US District Court for the Northern District of Texas that Heath and Human Services Secretary Xavier Becerra’s 2021 announcement regarding the agency’s interpretation and enforcement of ACA Section 1557 may cost them federal money if they refuse to provide gender-confirming care to transgender patients.
They further alleged that Becerra’s announcement violates the Administrative Procedure Act because it wrongfully treats ...
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