The federal Department of Health and Human Services (HHS) is requesting public comment on proposed regulations clarifying and expanding the ban on sex discrimination in health services that are funded by the federal government, by health insurers that receive federal funding, and to health services obtained through the federal health insurance marketplace.

The draft regulations define sex discrimination to include gender identity discrimination. HHS notes that some of the laws that would be affected by the draft regulations include religious exemptions, and specifically states that the draft regulations will not undermine current federal protections for religious convictions and for conscience, such as the Religious Freedom Restoration Act, conscience protections for health care providers, restrictions on the funding of abortions, or the contraceptive mandate exemption and accommodations. HHS specifically seeks comments on whether additional religious protections should be provided.

The proposed regulations and the explanations are lengthy and complex. Comments are due by November 9, 2015.