AB 1876 (Addis) Protect Transgender Patients from Discrimination

The Affordable Care Act includes Section 1557, which establishes federal nondiscrimination protections in health care programs receiving federal funding. This provision prohibits discrimination based on race, color, national origin, sex, age, or disability. Under the Biden administration, these protections were clarified to include transgender and gender-diverse (TGI) individuals, further expanding equitable access to health care for LGBTQ+ communities. However, there have been efforts to weaken these protections. In the early days of his administration, former President Trump issued Executive Order 14187, directing federal agencies to review the legality and scope of Section 1557, raising concerns about potential rollbacks. AB 1878 would codify the nondiscrimination standards of Section 1557 into California state law, ensuring that these protections do not depend on shifting federal policies. The bill explicitly affirms that discrimination on the basis of sex includes discrimination based on sexual orientation, gender identity, sex stereotypes, pregnancy or related conditions, and sex characteristics, including intersex traits. By embedding these standards into state law, AB 1878 strengthens California’s existing health care protections and helps ensure that all Californians can access medically necessary care free from discrimination.