​Allegations that a Minnesota healthcare facility violated federal nondiscrimination laws while treating a transgender man must wait to be resolved, a Minnesota district court ruled on January 30, 2017. The court ordered a stay of the man's claims under Section 1557 of the Patient Protection and Affordable Care Act (ACA), reasoning that the U.S. Supreme Court is expected to rule on whether gender identity discrimination is included under the law that prohibits discrimination on the basis of sex. The court made its ruling after a federal judge on December 31, 2016, issued a nationwide injunction against a law that would have included discrimination based on gender identity as part of the definition of sex discrimination (see HRC Alerts, January 11, 2017). The Minnesota court said it is "mindful of the importance of balancing the need for judicial clarity against the potential harm to [the] plaintiff caused by a delay," while noting that the plaintiff has been litigating since June 2014 and continues to experience trauma from his alleged treatment. However, because "the fundamental question" of whether Title IX's prohibition against sex-based discrimination also includes gender identity currently rests with the Supreme Court, the court said its best option was to issue a stay until further clarity exists.

HRC Recommends: Healthcare risk managers should monitor the case for future legal developments and consult with legal counsel regarding the scope of the December 2016 injunction. Nevertheless, healthcare organizations should ensure that they have inclusive approaches in place toward lesbian, gay, bisexual, and transgender patients and staff. Effective communication between patients and caregivers is a cornerstone of safe care. Physicians and other healthcare providers must ensure that they are able to provide care in consideration of their population's culture and language needs and preferences.