On Friday, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a final rule under Section 1557 of the Affordable Care Act (ACA) (also known as the Health Care Rights Act). The Center for Medicare Rights welcomes these newly reinstated anti-discrimination protections. Main provisions:
- Prohibits discrimination among Medicare providers. For the first time, HHS considers Medicare Part B payments to be a form of federal financial assistance for purposes of civil rights legislation, ensuring that all health care providers and suppliers who receive Part B funds must recognize their race, color, We ensure that discrimination based on color is prohibited. Nationality, age, gender, disability.
- Protects LGBTQI+ patients from discrimination and clarifies Section 1557's prohibitions on sex discrimination. Consistent with the U.S. Supreme Court's decision in Bostock v. Clayton County, the final rule confirms that protections against sex discrimination include protections against discrimination based on sexual orientation and gender identity. The final rule also clarifies that sex discrimination includes discrimination based on gender stereotypes, sexual characteristics, including intersex characteristics, pregnancy, or related conditions.
- Requires entities covered by this rule, including providers, insurance issuers, and HHS-administered programs, to communicate the availability of language assistance and services. The notice shall be provided in English and at least the 15 most common languages spoken by limited English proficiency persons (LEPs) in the covered state, shall be placed in a conspicuous location physically and on the website, and shall be made available upon request. must be made available. .
- Clarifies that nondiscrimination requirements apply to health care programs and activities provided through telehealth services. The final rule specifically specifies that covered entities may not discriminate in the provision of health care programs or activities provided through telehealth services. This means ensuring that individuals with disabilities have access to such services and providing access to meaningful programs for people with LEP.
The Center for Medicare Rights strongly supports these important updates, many of which are reflected in policy recommendations, joint comments on proposed regulations, and our responses to previous rulemakings. We continue to review the final rule and look forward to working with policymakers and stakeholders to build on its successes.
For more information, see OCR's Section 1557 Resource Hub. This hub includes fact sheets (available in 17 languages), FAQs, and links to the final rule.
