Affordable Care Act – New Anti-discrimination Regulations

Earlier this year, the Department of Health and Human Services finalized a rule under the Affordable Care Act Section 1557. The aim of the new rule is to provide guidance for enforcing the anti-discrimination provisions. Under the Affordable Care Act, discrimination on the basis of race, color, national origin, sex, age or disability is prohibited. The rule clarifies that discrimination on the basis of sex also includes discrimination based on pregnancy, childbirth and related medical conditions, gender identity, and sex stereotyping. Denying healthcare or coverage based on the basis of sex, including pregnancy, childbirth, and related medical conditions is prohibited.

Furthermore, the rule extends protections to individuals with disabilities and enhances language assistance for people with limited English proficiency. Covered entities are required to post information telling consumers about their civil rights and right to receive communication assistance. All healthcare providers that receive funding from the Federal government, including Medicare and Health Insurance Marketplaces are covered by the new rule.

The Department of Health and Human Services has released sample notices on nondiscrimination and availability of language assistance services free of charge. The sample notices are optional. Covered entities, such as hospitals, health clinics, physician’s practices, nursing facilities, residential or community-based treatment facilities, may create their own notices. However, if they choose to use the sample notices, service providers must complete the information pertaining to their program. The notices must be posted starting today, October 17, 2016.