Published on behalf of Isabella Ramos, UCSD Chapter
Editor: Robin Yu
Graphic Editor: Tasneem Alhomsy
If someone was feeling unwell, one of their immediate thoughts would be to seek out treatment by a medical professional. People often assume that the medical staff examining us will conduct themselves respectfully and professionally. Unfortunately, for many members of the LGBTQ+ community, they are faced with discrimination, disrespect, and sometimes refusal of treatment. This has become a pertinent issue within the community, as many are hesitant to go to the doctor’s out of fear of being discriminated against.
During the Obama-era in 2016, in the Affordable Care act under Section 1557, it made it illegal for any healthcare provider to deny someone healthcare solely based on their sexual orientation or gender identity. This protection was enacted to protect LGBTQ+ people and ensure they receive adequate healthcare equal to their heterosexual/cisgender counterparts. However, on June 12th, 2020, the Trump administration reversed this section, allowing for doctors, physicians, nurses, etc. to discriminate against LGBTQ+ and deny them services. The proposed rule that was voted on eliminated: the definition section, nondiscrimination protects based on sex, gender identity and association, language access requirements, notice requirements that require covered entities to post information about Section 1557 and nondiscrimination at its locations and on its website, requirements to have a compliance coordinator and written grievance procedure to handle complaints about alleged violations of Section, and various enforcement-related provisions.
In a study conducted in 2014, they found that approximately 56% of lesbian, gay, and bisexual participants and 70% of their transgender or gender-noncomforming participants reported to have at least one experience of discrimination. Furthermore, 8% of lesbian, gay, and bisexual participants have claimed to have been refused health care, and the same is true for 27% of transgender participants. These rates increased for people from a lower-income status; transgender respondents with a low-income had a refusal rate of 33%. These rates are alarming and show an important issue that is not often discussed in the medical community. Discrimination from medical professionals have made many LGBTQ+ people hesitant from seeking healthcare. Even just the potential for discrimination will stop many from going to their doctor’s appointments. Approximately 6.7% of LGBTQ+ people reported that they have avoided going to doctor’s offices out of the fear that they will face discrimination. This percentage only increases if the patient had experienced some sort of discrimination. Approximately 18.4% reported avoiding doctor’s offices after experiencing some form discrimination while receiving medical attention. Finding new care as a solution may be challenging due to factors such as transportation and geographical location.
In the United States, about half of the states have put laws into place that make it illegal to discriminate against patients who are a part of the LGBTQ+ community. Exactly 22 of the 50 US states have laws that prohibit discrimination based on sexual orientation. Of these 22 states, 14 states have laws that prevent discrimination based on gender identity. Now, while it is illegal in these states for doctors to discriminate against one’s sexual orientation and/or gender identity, many medical professionals are not aware or simply chose to not follow the laws. Nonetheless, these laws can be seen as a step in the right direction for greater inclusivity.
