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What Health Care Reform Means to LGBTs


OBAMA HEALTHCARE BILL X390 (GETTY IMAGES) | ADVOCATE.COM

Health care reform was approved by the House Sunday, 219 to 212, providing more than 30 million Americans with access to coverage. But for LGBT Americans, crucial health care provisions will be excluded.

The bill prevents health care providers from denying Americans coverage because of preexisting conditions and expands coverage to nearly 95% of Americans. But the bill does not include LGBT-specific provisions, such as data inclusion, that were included when the House bill first passed last November.

Rep. Tammy Baldwin of Wisconsinsaid that while the bill isn’t perfect, it keeps the legislative door open to pass LGBT health care provisions in the future.

“We will have many opportunities to deal with this legislation’s imperfections,” she said. “We don’t vote on health care reform of this magnitude very often, but we regularly deal with all sorts of bills that relate to different programs in health. I hope to be able to advance the provisions that we lost with other bills.”

Baldwin linked the loss of LGBT provisions to the special election in Massachusetts that swept Republican Scott Brown into the late senator Ted Kennedy’s seat. The loss of the Senate supermajority forced the House to take up the Senate-passed bill, which did not contain concrete language regarding gay and lesbian health.

“Elections matter,” Baldwin said. “Elections have consequences. Now we find ourselves with the House adopting the Senate-passed bill.”

The only provision in the current legislation of special interest to LGBT people deals with costs accrued by AIDS Drug Assistance Programs. The measure prevents Medicare patients with HIV or AIDS who receive prescription medication assistance from being subject to other prescription drug costs.

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Reader Comments
  • Name: Henry and Michael
    Date posted: 3/24/2010 10:10:42 AM
    Hometown: New York

    Comment:

    Hi hyhybt, even if DOMA is repealed, and if the federal government recognizes the same-sex marriages performed in the 5 states that now allow it, where does that leave the same sex couples form the remaining 45 states some of which may have domestic partnership or civil unions and some of which allow none of the above? Our point was that the new federal law had the chance to end this TAX INEQUALITY, and Obama and the Democratic leadership opted not to do so. After all, the change was already in the original bill that the House past last year and if they had the political will, they could have put it in the Reconciliation act.

  • Name: hyhybt
    Date posted: 3/24/2010 9:06:10 AM
    Hometown: Commerce GA

    Comment:

    I understand, but the problem there is not the contents of the health care bill, but the existence of DOMA.

  • Name: Henry and Michael
    Date posted: 3/23/2010 11:15:02 PM
    Hometown: New York

    Comment:

    In answer to Hyhybt , One example of how LGBT members STILL will get discriminated against with the new law to the tune of THOUSANDS of DOLLAR a year.. If you have your same-sex spouse or domestic partner under your health plan at work, you have to pay Federal, Medicare, FICA, state and local TAXES on the value of your spouse/domestic partner health benefit. These taxes can amount to THOUSANDS OF DOLLARS a year.Trust me I pay them on my husband's benefits.But these taxes DO NOT have to be paid by opposite-sex spouses. Some same-sex couples struggle to pay these additional taxes to have the health coverage, some cannot afford to pay them at all and do without the health coverage. The original House version of the bill did away with the TAX INEQUALITY but the Senate version did not Then when Obama, Pelosi and Reid negotiated the changes to the Senate bill to be put in the Reconciliation bill,THEY THREW the LGBT community UNDER THE BUS and LEFT THE TAXATION FIX OUT without explanation!

  • Name: Michael
    Date posted: 3/23/2010 11:02:10 PM
    Hometown: New Hope PA

    Comment:

    Hi Lee Matthews, Charles and Dennis - Regarding your comments: Groups like HRC did work with the Congress to try to put the LGBT specific changes, like the Tax Equality for same-sex spouse/DP in the Reconciliation bill. But sadly Obama and the Democratic leadership (Pelosi and Reid) did not put in the LGBT changes in the bill that was approved on Sunday. This neglect in their part could have been out of political calculations that if they added language to help the LGBT community, it would have been harder for them to get their 216 votes to pass. Rep. Tammy Baldwin of Wisconsin (one of the only 3 openly gay members of the House) heads the "LGBT Equality Caucus" in the House (although Obama never met the Caucus during the negotiations) and she also worked to get the LGBT changes to no avail. Obviously LGBT groups do not have the clout that the anti-abortionists and other groups have to influence Obama. And we know taht Obama does not have a good track record on LGBT issues.

  • Name: lee matthews
    Date posted: 3/22/2010 5:34:31 PM
    Hometown: melbourne australia

    Comment:

    hi Charles and Denis, i'm pretty sure that's what the HRC (etc...) are for. Membership would be a good start. more generally though, as an Aussie...i can't understand why sooo many people (read Republicans) have such an issue with providing Health Care to those who can't afford/access it. Surely it's an American principle to help your fellow man...?? who could possibly not want to help someone who needs healthcare??? that's not socialism!! rgds all. Lee

  • Name: Hyhybt
    Date posted: 3/22/2010 4:44:46 PM
    Hometown: Commerce GA

    Comment:

    "Health care for everyone BUT LGBT people? Come on. Aren't we still people first and foremost? " ----Not containing sections specifically benefitting only LGBT people is not REMOTELY the same as providing care only for everybody else. Where in the new law, precisely, does it exclude us?

  • Name: Charles & Dennis
    Date posted: 3/22/2010 3:39:38 PM
    Hometown: Santa Fe

    Comment:

    Why can’t we get someone to organize a e-mail campaign to all our Senators and Representatives? Most of the straight community and a number of the GLBT community don’t realise we need these laws.

  • Name: jean
    Date posted: 3/22/2010 3:07:34 PM
    Hometown: 1979

    Comment:

    I live in Brazil and when I follow the news of the LGBT world, and I am shocked that as the USA is said to be the Nanostart the planet and still coming up with something as small as these prejudices!

  • Name: Mark
    Date posted: 3/22/2010 2:17:40 PM
    Hometown: Wappingers Falls

    Comment:

    I'm not surprised we were negotiated out of the health care bill and the immigration bill. And the Democrats blame it on Scott Brown, whose state has same sex civil marriage. The Democrats should learn from the Republicans and appeal to their base not their enemies. We will never get equality unless and until we learn from black people (who now vote for our civil rights on ballot initiatives) and start a major revolution in this country.

  • Name: MIMI
    Date posted: 3/22/2010 1:02:01 PM
    Hometown: DALLAS

    Comment:

    I am glad we are on the right start to health reform. Most Americans are not educated on the fact that only the healthcare companies are laying down scare tactics for the cost, which is going to affect their MASSIVE profit. Why have we not past a bill that says IF YOU ARE ILLEGAL YOUR CHILD IS ILLEGAL. This would be a Billion dollar savings. Did you know if an American citizen is pregnant they do not have medical insurance, they are billed, yet an illegal walks into our healthcare system, pregnant, pregnancy care for paid for and food stamps, rent, medicaid is received due to their child being born here. Do we not see the WRONG here? Oh yes, the BEST, most advanced healthcare is in Japan, it is FREE! We go to Japan for training and medical advances, again, only healthcare companies are running scared for profit, this needs to be on the illegals too for medical full stop.



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