Government Issues Final Rule Prohibiting Discrimination in Grant-Funded Programs
The HHS Office for Civil Rights (OCR) and the Assistant Secretary for Financial Resources (ASFR) issued a final regulation “affirm[ing] nondiscrimination in HHS-funded programs and services,” the agencies announced April 30. What was termed the HHS Grants Rule “protects LGBTQI+ people by clarifying and reaffirming the prohibition on discrimination on the basis of sex—including sexual orientation and gender identity—in specific health and human services programs, consistent with the Supreme Court decision in Bostock v. Clayton County, 590 U.S. 644 (2020).”
The rule finalized a proposed regulation published in July 2023. It “confirms these protections in specific HHS programs, including services and grants that provide aid to refugees, early childhood education services, assistance to people experiencing homelessness, substance use disorder (SUD) treatment and prevention, community mental health services, maternal and child health services, and community services,” OCR and ASFR said. Scheduled to be published in the Federal Register on May 3, the rule complements one HHS issued on April 26 prohibiting “discrimination on the basis of race, color, national origin, sex, age, and disability,” as provided for under Section 1557 of the Affordable Care Act. It also “reduces language access barriers, expands physical and digital accessibility, tackles bias in health technology, and much more,” HHS announced. This rule is set to be published in the May 6 Federal Register.