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  1. Section 1557 is the first Federal civil rights law to broadly prohibit discrimination on the basis of sex in all federally funded health care programs. The final rule extends nondiscrimination protections to individuals enrolled in coverage through the Health Insurance Marketplaces and certain other health coverage.

    • What Is Section 1557?
    • In What Ways Does Section 1557 Protect Patients?
    • Is Section 1557 Currently Being enforced?
    • What Is The Effective Date For The Final Rule?
    • Why Is Ocr Issuing A New Final Rule Addressing Section 1557?
    • Whom Does The Final Rule Apply to?
    • Does The Final Rule Apply to The Marketplaces?
    • What Does The Final Rule Require Concerning Individuals with Disabilities?
    • What Types of Discrimination Constitute Discrimination on The Basis of sex?
    • Does The Final Rule Cover Employment Discrimination?

    Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in specified health programs or activities, including those that receive Federal financial assistance.

    Section 1557 makes it unlawful for health care providers, including doctors’ practices and hospitals that receive Federal financial assistance, to refuse to treat—or to otherwise discriminate against—an individual on the basis on their race, color, national origin, sex, age, or disability. Section 1557 imposes similar requirements on health insuran...

    Yes, Section 1557 has been in effect since the enactment of the ACA in 2010. Since that time, the Office for Civil Rights (OCR)has been receiving and investigating discrimination complaints under Section 1557.

    The final rule is effective 60 days after publication in the Federal Register. Once the final rule is in effect, those covered should follow the timetable below for the applicability of certain provisions.

    OCR is issuing this final rule to restore and strengthen civil rights protections for individuals consistent with the plain meaning of the statutory text. The previous version of this rule, issued in 2020, covers fewer programs and services and limited nondiscrimination protections for individuals. Notably, this updated rule recognizes the growing ...

    The final rule applies to health programs or activities that receive HHS funding, health programs or activities administered by HHS (such as the Medicare Part D program), and the health insurance Marketplace (and all plans offered by issuers that participate in those Marketplaces that receive Federal financial assistance). Those covered by the rule...

    Yes, Section 1557 covers both the Federally-facilitated Marketplaces and the State-based Marketplaces.

    The final rule requires effective communication, including through the provision of appropriate auxiliary aids and services; establishes standards for accessibility of buildings and facilities; requires that health programs provided through electronic and information technology be accessible; requires those covered to make reasonable modifications ...

    The final rule provides that sex discrimination includes, but is not limited to, discrimination on the basis of sexual orientation, gender identity, sex characteristics (including intersex traits), pregnancy or related conditions, and sex stereotypes.1In June of 2020, the U.S. Supreme Court held that the prohibition of sex discrimination in Title V...

    The final rule does not apply to employment practices, including the provision of employee health benefits.

  2. Apr 26, 2024 · Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) issued a final rule under Section 1557 of the Affordable Care Act (ACA) advancing protections against discrimination in health care.

    • Office For Civil Rights (OCR)
  3. May 21, 2024 · On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act. 1 The revised rules apply to all healthcare providers that receive, directly or indirectly, federal financial assistance, including but not limited to ...

  4. May 8, 2024 · A. Section 1557 is intended to protect individuals from discrimination in health care on the basis of all the protected categories—race, color, national origin, sex, age, and disability.

  5. May 6, 2024 · Human Services (HHS or the Department) is issuing this final rule regarding section 1557 of the Affordable Care Act (ACA) (section 1557). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. Section 1557(c) of the ACA authorizes the Secretary of

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  7. The Section 1557 final rule describes expectations for covered entities to take “reasonable steps” to provide “meaningful access” to individuals with limited English proficiency or likely to be directly affected by its health programs.

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