These August 15, 2016 comments from the ACLU commend the Department of Health and Human Services for its proposed rulemaking protecting LGBT people and women from discriminatory treatment by healthcare providers in hospitals and critical access hospitals participating in the Medicare and Medicaid programs. The comments also recommend improvements to the proposed rule, including that it have greater parity with the final rule implementing Section 1557 of the Affordable Care Act and other federal regulations by explicitly stating that: 1) discrimination based on a person’s sexual orientation constitutes sex discrimination when it is based on a sex stereotype; and 2) sex discrimination includes discrimination based on pregnancy or related conditions.