The final rule reinstates and expands upon many of the 2016 regulations from the Obama Administration and is a reversal from much of the 2020 Trump Administration rule. We provide a brief background on 1557 rule-making and identify key differences between this rule and the 2020 rule. We also highlight two areas of growing interest impacted by the rule – nondiscrimination protections for pregnancy related decisions, past, present and future, including abortion, and for transgender people. Despite the issuance of the final rule, debates about 1557’s protections, and ensuing litigation, continue and will be particularly dependent on the outcome of the 2024 Presidential election.
www.kff.org
For the first time, the Department will consider Medicare Part B payments as a form of Federal financial assistance for purposes of triggering civil rights laws enforced by the Department, ensuring that health care providers and suppliers receiving Part B funds are prohibited from discriminating on the basis of race, color, national origin, age, sex and disability.
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. This clarification serves as one of the key pillars of HHS’ response to the President’s Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Specifically, the rule:
Applies the nondiscrimination principles under Section 1557 to the use of patient care decision support tools in clinical care.
Requires those covered by the rule to take steps to identify and mitigate discrimination when they use AI and other forms of decision support tools for care.
www.hhs.gov
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.1 In June of 2020, the U.S. Supreme Court held that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 includes discrimination on the basis of sexual orientation and gender identity. OCR’s final rule is consistent with this ruling.
www.hhs.gov
COMMENT:
After reviewing several articles regarding updated changes to 1557 it appears the new Nondiscrimination rules apply to providers and health insurance plans that receive federal funding. The ThinkAdvisor article appears to be a red herring when assuming this reg applies to Medigap plans.
The Biden Administration’s Final Rule on Section 1557 Non-Discrimination Regulations Under the ACA | KFF
This brief overviews the Biden Administration’s 2024 final rule implementing Section 1557 of the ACA, which is home to the law’s major nondiscrimination provisions. It provides a brief background on 1557 rulemaking and identifies key differences between this rule and the 2020 rule from the Trump...
www.kff.org
For the first time, the Department will consider Medicare Part B payments as a form of Federal financial assistance for purposes of triggering civil rights laws enforced by the Department, ensuring that health care providers and suppliers receiving Part B funds are prohibited from discriminating on the basis of race, color, national origin, age, sex and disability.
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. This clarification serves as one of the key pillars of HHS’ response to the President’s Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. Specifically, the rule:
Applies the nondiscrimination principles under Section 1557 to the use of patient care decision support tools in clinical care.
Requires those covered by the rule to take steps to identify and mitigate discrimination when they use AI and other forms of decision support tools for care.
HHS Issues New Rule to Strengthen Nondiscrimination Protections and Advance Civil Rights in Health Care
The 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)
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.1 In June of 2020, the U.S. Supreme Court held that the prohibition of sex discrimination in Title VII of the Civil Rights Act of 1964 includes discrimination on the basis of sexual orientation and gender identity. OCR’s final rule is consistent with this ruling.
Section 1557 Final Rule: Frequently Asked Questions
Section 1557 Final Rule: Frequently Asked Questions
COMMENT:
After reviewing several articles regarding updated changes to 1557 it appears the new Nondiscrimination rules apply to providers and health insurance plans that receive federal funding. The ThinkAdvisor article appears to be a red herring when assuming this reg applies to Medigap plans.
