HHS Releases Final Rule on Nondiscrimination in Health Care

The Department of Health and Human Services (HHS) Office for Civil Rights has issued a final rule under Affordable Care Act (ACA) Section 1557 strengthening protections against discrimination on the basis of race, color, national origin, sex, age, and disability. The final rule holds HHS’ health programs and activities to the same nondiscrimination standards as recipients of federal financial assistance (i.e., Medicare Part B).

• Protects against discrimination by codifying that Section 1557’s prohibition against  discrimination based on sex includes LGTBQI+ patients.
• Requires covered health care providers and insurers to proactively let people know that language assistance services and accessibility services are available at no cost to patients.
• Protects patients from discriminatory health insurance benefit designs made by insurers.
• Clarifies the application of Section 1557 nondiscrimination requirements to health insurance plans.
• Given the increasing use of artificial intelligence (AI) in health programs and activities, the rule clarifies that nondiscrimination in health programs and activities continues to apply to the use of AI, clinical algorithms, predictive analytics, and other tools.
  

The final rule is effective July 5, 2024.

News release