Congresswoman Cherfilus-McCormick, Senator Blumenthal Urge the Department of Veterans Affairs to Issue ACA Antidiscrimination Rules for VA Health Programs and Activities

WASHINGTON, DC – Today, Congresswoman Sheila Cherfilus-McCormick (D-FL) led a letter with Senator Richard Blumenthal (D-CT) to U.S. Department of Veterans Affairs Secretary Denis McDonough that urges the creation of antidiscrimination rules for VA health programs and activities under Section 1557 of the Patient Protection and Affordable Care Act (ACA).

“It is unconscionable that any American who answered the call to service would face discriminatory hurdles to quality and comprehensive care. They deserve nothing but the best service possible,” said Congresswoman Cherfilus-McCormick (D-FL). “Alongside Senator Blumenthal, I urge Veterans Affairs to send a clear, resounding, and enforceable message that no form of discrimination is ever to be tolerated.”   

“Minority veterans are all too often victims of discrimination and harassment at the VA,” said Senator Richard Blumenthal (D-CT). “I am proud to lead my colleagues in calling on the VA to combat barriers to equal health care by issuing critical rulemaking – our veterans deserve nothing less."

“It is incumbent that the VA take proactive steps to enforce the Affordable Care Act’s antidiscrimination regulations within the veteran healthcare system. These rules should be diligently communicated, leaving no room for ambiguity, and enforced across all levels of the organization,” said Rachel Branaman, Interim Executive Director of the Modern Military Association. “By addressing and rectifying the observed disparities of care by VA medical providers across the country, we not only uphold the principles of fairness and justice but also fulfill our duty to those who have served our nation with honor and valor. Veterans, regardless of their background, deserve healthcare experiences that are uniformly positive, accessible, and responsive to their unique needs.”

“Veterans have rightfully earned access to VA health care through their dedicated service to this country,” said Lindsay Church, Executive Director of Minority Veterans of America. “Many veterans encounter discrimination and harassment while seeking their deserved benefits with fewer protections than their civilian counterparts utilizing government-funded health care. The Department of Veterans Affairs has not yet provided guidance in alignment with Section 1557 of the Patient Protection and Affordable Care Act, which bars discrimination against veterans based on race, color, national origin, age, disability, or sex, a mandate that's been the law since 2010. It is imperative for the VA to fulfill its legal obligation by promptly implementing comprehensive anti-discrimination policies to safeguard all those who have selflessly served and worn the uniform.”

“This harassment has occurred at VA facilities across the country, from California to Florida to Connecticut to right here in D.C.,” said K.N. McCleary, a law student at the Yale Veterans Legal Services Clinic. “These veterans have been left with few options to address the harassment they have experienced. Although VA is working to make its facilities more welcoming, the reality is that minority veterans constantly face obstacles to accessing the care they have earned.” 

“The U.S. Department of Health and Human Services (HHS) previously issued regulations implementing the antidiscrimination protections of Section 1557 for other federal health programs it funds or operates. However, VA's failure to do the same places veterans at risk of discrimination every day. We appreciate the critically important health care that the VA provides, but unfortunately, minority veterans frequently experience discrimination when seeking care at VA facilities,” the lawmakers wrote.

The lawmakers continued, “Discrimination based on a veteran's sex, including sexual orientation and gender identity, remains particularly widespread within the VA health care system. Recent studies show that one in four women veterans experienced harassment when seeking care at VA facilities. Women and LGBTQI+ veterans report the highest rates of harassment, disrespect, and substandard care. Adopting regulations under Section 1557 is a clear and necessary means to preventing mistreatment.”

The full text of the letter can be found here.

The letter has been endorsed by the Disabled American Veterans, the Minority Veterans of America, the Veterans Legal Services Clinic at Yale Law School, and the Modern Military Association of America.

Additional House signatories of the letter include Reps. Adriano Espaillat (D-NY), Julia Brownley (D-CA), Nikki Budzinski (D-IL), Jasmine Crockett (D-TX), Dwight Evans (D-PA), André Carson (D-IN), Eleanor Holmes Norton (D-DC), Pramila Jayapal (D-WA), Kathy Castor (D-FL), Daniel Goldman (D-NY), Steve Cohen (D-TN), Adam Schiff (D-CA), Morgan McGarvey (D-KY), Valerie Foushee (D-NC), James McGovern (D-MA), Frank Mrvan (D-IN), Nanette Diaz Barragán (D-CA), Mark Takano (D-CA), Mark Pocan (D-WI), Kevin Mullin (D-CA), Mike Levin (D-CA), Chris Pappas (D-NH), Chris Deluzio (D-PA), Bennie Thompson (D-MS), Shri Thanedar (D-MI), Frederica Wilson (D-FL), Zoe Lofgren (D-CA), Troy Carter (D-LA), Andrea Salinas (D-OR), Alma Adams (D-NC), Jason Crow (D-CO), Raja Krishnamoorthi (D-IL), Jonathan Jackson (D-IL), Dina Titus (D-NV), Delia Ramirez (D-IL), Rosa DeLauro (D-CT), Colin Allred (D-TX), Greg Landsman (D-OH), Sara Jacobs (D-CA), Mike Thompson (D-CA), and Lloyd Doggett (D-TX).

Additional Senate signatories of the letter include Sens. Jeanne Shaheen (D-NH), Chris Coons (D-DE), Sheldon Whitehouse (D-RI), Sherrod Brown (D-OH), Bernie Sanders (D-VT), Dick Durbin (D-IL), Mazie Hirono (D-HI), and Peter Welch (D-VT).