September 10, 2020 - Herring Continues Fight to Stop Trump’s Plan to Allow Health Care Discrimination

~ Herring joins coalition of 23 attorneys general in filing a motion for summary judgment asking that Trump’s discriminatory rule be vacated ~

RICHMOND (September 10, 2020) – Attorney General Mark R. Herring today joined a coalition of 23 attorneys general in filing a motion for summary judgment asking for the Trump Administration’s rule that makes it easier for health care providers and insurance companies to discriminate against certain vulnerable and protected classes of Americans to be vacated and set aside. The rule undermines section 1557 of the Affordable Care Act (ACA), the first federal civil rights law to expressly prohibit discrimination based on race, color, national origin, sex, disability, and age in federal healthcare programs. The Trump Administration’s rule illegally rolls back these critical protections. The motion for summary judgment was filed in the U.S. District Court for the Southern District of New York.

“No one should ever have to fear being discriminated against, especially by a healthcare provider, because of who they are,” said Attorney General Herring. “The Trump Administration’s rule is discriminatory, unlawful, and dangerous and is just another attempt to try and marginalize certain groups of Americans. We are still in the middle of a national public health crisis and we cannot allow the Trump Administration to make it even harder for certain Americans to have access to affordable health care.”

In the motion, the coalition argues that the rule should be vacated in its entirety because:

• It is contrary to law, including ACA Section 1557;
• The States will bear new administrative, regulatory, investigative, enforcement, and healthcare burdens and costs because of it;
• The removal of the definition of “on the basis of sex” and weakened protections for language assistance services is arbitrary and capricious; and
• The rule’s addition of broad religious exemptions for abortion are arbitrary and capricious, contrary to law, and exceed statutory authority.

In May, Attorney General Herring and his colleagues urged the U.S. Department of Health and Human Services (HHS) not to finalize its proposed regulation, which sought to undermine Section 1557’s critical anti-discrimination protections for marginalized populations, including the LGBTQ community, women, communities of color, and individuals with disabilities. In July, Attorney General Herring and his colleagues filed a lawsuit challenging the Trump Administration’s final rule. Additionally, federal judges out of the U.S. District Court for the Eastern District of New York and the District of Columbia have recently blocked HHS from enforcing portions of the rule in cases filed by private litigants.

Joining Attorney General Herring in filing today’s motion for summary judgment are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Wisconsin, and the District of Columbia. 

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