Section 1557 of the Patient Protection and Affordable Care Act (2024)

On July 25, 2022, HHS OCR issued a Notice of Proposed Rulemaking to revise its 1557 regulations. The previous version of this rule limited its scope to cover less programs and services limiting nondiscrimination protections. This proposed rule importantly solidifies protections against discrimination on the basis of sex including sexual orientation and gender identity consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County. Strengthening these rules is a significant achievement for the Biden-Harris Administration and promotes gender and health equity for communities of color, women, LGBTQI+ individuals, people with disabilities, persons with limited English proficiency (LEP), and older people.

The Section 1557 Notice of Proposed Rulemaking (NPRM) seeks to address gaps identified in prior regulations in order to advance protections under this rule. It:

  • 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.”
  • Ensures requirements to prevent and combat discrimination are operationalized by entities receiving federal funding by requiring civil rights policies and procedures.
  • Requires entities to give staff training on the provision of language assistance services for individuals with limited English proficiency (LEP), and effective communication and reasonable modifications to policies and procedures for people with disabilities.
  • Requires covered entities to provide a notice of nondiscrimination along with a notice of the availability of language assistance services and auxiliary aids and services.
  • Explicitly prohibits discrimination in the use of clinical algorithms to support decision-making in covered health programs and activities.
  • Clarifies that nondiscrimination requirements applicable to health programs and activities include those services offered via telehealth, which must be accessible to LEP individuals and individuals with disabilities.
  • Interprets Medicare Part B as federal financial assistance.
  • Refines and strengthens the process for raising conscience and religious freedom objections.

While the Department is undertaking this rulemaking, both the statute and the current regulation are in effect. If you believe that you or another party has been discriminated against on the basis of race, color, national origin, sex, age, or disability, visit the OCR complaint portal to file a complaint online.

HHS encourages all stakeholders, including patients and their families, health plans, health care providers, health care professional associations, consumer advocates, and government entities, to submit comments through regulations.gov.

Public comments on the NPRM were due 60 days after publication of the NPRM in the Federal Register. The Department also conducted Tribal consultation.

  • Read the Press Release (available in 17 languages)
  • Read the Fact Sheet (available in 17 languages)

On June 12, 2020, HHS OCR announced a final rule revising its Section 1557 regulations.

Update (December 21, 2022)

On May 25, 2021, the HHS Office for Civil Rights published a Notice regarding the application of Bostock v. Clayton County, GA, 140 S. Ct. 1731 (2020), to Section 1557 of the Affordable Care Act. This Notice is entitled “Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972.”

On October 14, 2022, in Neese v. Becerra, 2:21-CV-163-Z (N.D. Tex.), the Federal District Court for the Northern District of Texas certified a class of “all healthcare providers subject to 1557 of the Affordable Care Act.” On November 22, 2022, the court entered final judgment in the case. In its Judgment, the court set aside the Notice and stated that “Plaintiffs and members of the certified class need not comply with the interpretation of ‘sex’ discrimination” articulated in the Notice. The court also declared that, as applied to the certified class, the prohibition on “sex” discrimination in Section 1557 does not include discrimination on the basis of sexual orientation or gender identity. OCR will continue to receive complaints and conduct investigations under its authorities prohibiting sex discrimination to the full extent not prohibited by court order.

Update (May 10, 2021)

On June 15, 2020, the U.S. Supreme Court held that Title VII of the Civil Rights Act of 1964 (Title VII)’s prohibition on employment discrimination based on sex encompasses discrimination based on sexual orientation and gender identity.Bostock v. Clayton County, GA, 140 S. Ct. 1731 (2020). TheBostockmajority concluded that the plain meaning of “because of sex” in Title VII necessarily included discrimination because of sexual orientation and gender identity.Id.at 1753-54.

SinceBostock, two federal circuits have concluded that the plain language of Title IX of the Education Amendments of 1972’s (Title IX) prohibition on sex discrimination must be read similarly.See Grimm v. Gloucester Cnty. Sch. Bd., 972 F.3d 586, 616 (4th Cir. 2020),as amended(Aug. 28, 2020),reh’g en banc denied, 976 F.3d 399 (4th Cir. 2020),petition for cert. filed, No. 20-1163 (Feb. 24, 2021);Adams v. Sch. Bd. of St. Johns Cnty., 968 F.3d 1286, 1305 (11th Cir. 2020),petition for reh’g en banc pending, No. 18-13592 (Aug. 28, 2020). In addition, on March 26, 2021, the Civil Rights Division of the U.S. Department of Justice issued a memorandum to Federal Agency Civil Rights Directors and General Counsel concluding that the Supreme Court’s reasoning inBostockapplies to Title IX of the Education Amendments of 1972. As made clear by the Affordable Care Act, Section 1557 prohibits discrimination “on the grounds prohibited under . . . Title IX.” 42 U.S.C. § 18116(a).

Consistent with the Supreme Court’s decision inBostockand Title IX, beginning May 10, 2021, OCR will interpret and enforce Section 1557’s prohibition on discrimination on the basis of sex to include: (1) discrimination on the basis of sexual orientation; and (2) discrimination on the basis of gender identity. This interpretation will guide OCR in processing complaints and conducting investigations, but does not itself determine the outcome in any particular case or set of facts.

In enforcing Section 1557, as stated above, OCR will comply with the Religious Freedom Restoration Act, 42 U.S.C. § 2000bbet seq., and all other legal requirements. Additionally, OCR will comply with all applicable court orders that have been issued in litigation involving the Section 1557 regulations, includingFranciscan Alliance, Inc. v. Azar, 414 F. Supp. 3d 928 (N.D. Tex. 2019);Whitman-Walker Clinic, Inc. v. U.S. Dep’t of Health & Hum. Servs., 485 F. Supp. 3d 1 (D.D.C. 2020);Asapansa-Johnson Walker v. Azar, No. 20-CV-2834, 2020 WL 6363970 (E.D.N.Y. Oct. 29, 2020); andReligious Sisters of Mercy v. Azar, No. 3:16-CV-00386, 2021 WL 191009 (D.N.D. Jan. 19, 2021).

OCR applies the enforcement mechanisms provided for and available under Title IX when enforcing Section 1557’s prohibition on sex discrimination. 45 C.F.R. § 92.5(a). Title IX’s enforcement procedures can be found at 45 C.F.R. § 86.71 (adopting the procedures at 45 C.F.R. §§ 80.6 through 80.11 and 45 C.F.R. Part 81).

  • Read the Press Release
  • Read the Fact Sheet |Español (Spanish) |繁體中文 (Chinese)|Tiếng Việt (Vietnamese)|Tagalog (Tagalog – Filipino)
Section 1557 of the Patient Protection and Affordable Care Act (2024)

FAQs

Section 1557 of the Patient Protection and Affordable Care Act? ›

The Office for Civil Rights

Office for Civil Rights
The U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) enforces federal civil rights laws, conscience and religious freedom laws, the Health Insurance Portability and Accountability Act (HIPAA) Privacy, Security, and Breach Notification Rules, and the Patient Safety Act and Rule, which ...
https://www.hhs.gov › ocr › about-us
(OCR) enforces Section 1557 of the Affordable Care Act (Section 1557), which prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered health programs or ...

What does Section 1557 of the Affordable Care Act protect? ›

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.

What statement best describes Section 1557 of the Affordable Care Act? ›

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 the Department to promulgate regulations to implement the nondiscrimination requirements of section 1557.

What medicare programs are covered by ACA Section 1557? ›

Federal financial assistance includes grants, property, Medicaid, Medicare Parts A, C and D payments, and tax credits and cost-sharing subsidies under Title I of the ACA. (Medicare Part B is not included.)

What does Section 1557 of the Affordable Care Act do when helping consumers in the marketplaces? ›

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 does Section 1557 of the Affordable Care Act apply to quizlet? ›

Section 1557 incorporates earlier civil rights protections in regard to race, color, national origin, disability, age and sex.

What is Section 1557 of the Affordable Care Act translator? ›

ACA SECTION 1557 Requirement:

Section 1557 requires qualified interpreters and prohibits the use of: A patient's minor children (except in emergencies to prevent imminent patient harm)

What is the Patient Protection and Affordable Care Act properly known as? ›

What is the Affordable Care Act? Signed into law on March 23rd, 2010, The Patient Protection and Affordable Care Act (ACA) is also known as healthcare reform. Healthcare reform is not health insurance.

What is the final rule of the ACA 2024? ›

The 2024 rule adds: prohibitions in denying or limiting a health care professional's ability to provide health services if such denial or limitation has the effect of excluding individuals from participation in or benefits of programs/activities or subjecting them to discrimination on the basis of sex, prohibits ...

Does Section 1557 apply to self-funded plans? ›

Under the Final Rule, a section 1557 covered carrier acting as a TPA will be liable for its self-funded plan designs if they violate section 1557.

What are 5 different types of government plans under the Affordable Care Act ACA? ›

Marketplace plans are put into 4 categories (or "metal levels"): Bronze, Silver, Gold, and Platinum. Catastrophic plans are a 5th category available to people under 30 and some people with limited incomes. The categories have nothing to do with the quality of care you get in a plan.

What type of system is the Affordable Care Act? ›

The Affordable Care Act (ACA) is a comprehensive reform law, enacted in 2010, that increases health insurance coverage for the uninsured and implements reforms to the health insurance market. This includes many provisions that are consistent with AMA policy and holds the potential for a better health care system.

Does the Affordable Care Act include Medicare? ›

Marketplace plans were created by the Affordable Care Act. These plans are private insurance plans that are designed to match certain needs and budgets. Medicare is a health program offered by the government to older adults and people with certain disabilities. You cannot have both Obamacare and Medicare.

What does Section 1557 of the Affordable Care Act do? ›

Section 1557 of the Affordable Care Act (ACA) requires covered entities to post notices of non-discrimination and availability of language assistance. Sample notices and other resources are available in nearly 50 languages for providers to use.

Which of the following best describes section 1557 of the Affordable Care Act? ›

Section 1557's Prohibition Against Discrimination in Health Coverage and Care. Section 1557 prohibits health programs or activities that receive federal financial assistance from discriminating on race, color, national origin, sex, age, or disability.

Which of the following describe the purpose of the Affordable Care Act? ›

Make affordable health insurance available to more people. The law provides consumers with subsidies (“premium tax credits”) that lower costs for households with incomes between 100% and 400% of the federal poverty level (FPL). Expand the Medicaid program to cover all adults with income below 138% of the FPL.

Which of the following protections does the Affordable Care Act provide to consumers with disabilities? ›

The Affordable Care Act prohibits discrimination based on disability under any health program or activity that receives federal funding or assistance.

What is the ACA Section 1557 a health plan for LEP? ›

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of national origin in healthcare. One form of national origin discrimination is failure to provide meaningful access to individuals with limited English proficiency (LEP) when required by law.

What does the ACA law restrict? ›

The ACA also prohibits annual and lifetime limits on the dollar amount of coverage and restricts the amount of out-of-pocket costs individuals and families may incur each year for in-network care. Additionally, the law requires most health plans to cover preventive health services with no out-of-pocket costs.

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