The U.S. Department of Health and Human Services on Monday issued a proposed rule that prohibits discrimination on the basis of disability, race, color, national, sex and age in certain health programs and activities.
“This proposed rule ensures that people nationwide can access healthcare free from discrimination,” Secretary Xavier Becerra said in a statement. “Standing with communities in need is critical, particularly given increased attacks on women, trans youth and healthcare providers. Healthcare should be a right not dependent on looks, location, love, language, or the type of care someone needs.”
The proposed rule strengthens Section 1557 of the Affordable Care Act. A 2020 version of the rule limited its scope and power to cover fewer programs and services, HHS said.
“Strengthening Section 1557 supports our ongoing efforts to provide high-quality, affordable health care and to drive health equity for all people served by our programs,” Centers for Medicare & Medicaid Services Administrator Chiquita Brooks-LaSure said. “This work will help eliminate avoidable differences in health outcomes experienced by those who are underserved and provide the care and support that people need to thrive.”
The Section 1557 Notice of Proposed Rulemaking (NPRM) seeks to address gaps identified in prior regulations. Among other changes, it does the following:
- Reinstates the scope of Section 1557 to cover HHS’ health programs and activities.
- Clarifies the application of Section 1557 nondiscrimination requirements to health insurance issuers that receive federal financial assistance.
- Aligns regulatory requirements with Federal court opinions to prohibit discrimination on the basis of sex including sexual orientation and gender identity.
- Makes clear that discrimination on the basis of sex includes discrimination on the basis of pregnancy or related conditions, including “pregnancy termination.”
