The Impact and Fate of Section 1557: Healthcare Non-Discrimination in the Age of Trump

• In Event: 1567 - Section on Sociology of Law Refereed Roundtables (1 hour)
  In Refereed Roundtable 60min: Table 5: The State

Abstract

Section 1557 of the Affordable Care Act was a critical site for transgender rights protections under Obama. The Trump administration and conservative judicial rulings have attempted to undermine it, and will continue to do so. We analyze 1557 compliance at 775 covered locations and follow up with in-depth interviews with 59 implementers to find out what effects the sex discrimination ban has had, and thus what impact a roll-back will have. We find widespread non-compliance, but also areas of energetic compliance and structural transformations of electronic medical records (EMR) and grievance reporting systems as well. Where 1557 has been ignored already, Trump’s actions cannot weaken it further. Where 1557 has flourished, its supporters remain committed to transgender rights and will ignore Trump’s attempts to roll it back.

Authors

• Anna Kirkland, University of Michigan

• Mikell Alexandra Hyman, Max Planck Institute for the Study of Socieities

• Danielle Jahnke, University of Michigan

• Angela Perone, University of Michigan