New HHS Regulations Protect Against Discrimination and Improves Language Access 

In April, the United States Department of Health and Human Services (HHS) finalized regulations to protect people from discrimination and improve language access. The rule is called "Section 1557 (Non-discrimination) of the Patient Protection and Affordable Care Act." Disability Rights Florida is glad to see disability and other intersecting marginalized identities protected under this rule.  This regulation recognizes that our different backgrounds can affect how we experience healthcare and ensures that everyone can get the care they need.

Below are Frequently Asked Questions about the Rule, which you can also find on the Department of Health and Human Services FAQ webpage.

Section 1557 Final Rule: Frequently Asked Questions

What is Section 1557?

Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). 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.

In what ways does Section 1557 protect patients?

Section 1557 makes it unlawful for health care providers, including doctors’ practices and hospitals that receive Federal financial assistance, to refuse to treat—or to otherwise discriminate against—an individual on the basis on their race, color, national origin, sex, age, or disability.

Section 1557 imposes similar requirements on health insurance issuers that receive Federal financial assistance and the health insurance Marketplaces. The rule applies to both in-person and telehealth care.

Why is OCR issuing a new final rule addressing Section 1557?

OCR is issuing this final rule to restore and strengthen civil rights protections for individuals consistent with the plain meaning of the statutory text. The previous version of this rule, issued in 2020, covers fewer programs and services and limited nondiscrimination protections for individuals.

Notably, this updated rule recognizes the growing importance of telehealth and patient care decision support tools in the health care marketplace —including artificial intelligence and machine learning— and applies nondiscrimination protections to the use of these technologies. In addition, the final rule recognizes that 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.

Whom does the final rule apply to?

The final rule applies to health programs or activities that receive HHS funding, health programs or activities administered by HHS (such as the Medicare Part D program), and the health insurance Marketplace (and all plans offered by issuers that participate in those Marketplaces that receive Federal financial assistance).

Those covered by the rule may include hospitals, health clinics, health insurance issuers, state Medicaid agencies, community health centers, physicians’ practices, and home health care agencies.

What does the final rule require concerning individuals with disabilities?

The final rule requires effective communication, including through the provision of appropriate auxiliary aids and services; establishes standards for accessibility of buildings and facilities; requires that health programs provided through electronic and information technology be accessible; requires those covered to make reasonable modifications to their policies, procedures, and practices to provide individuals with disabilities access to health programs and activities; and requires health insurance coverage and other health-related coverage to be provided in the most integrated setting appropriate to the needs of qualified individuals with disabilities. Those covered are required to provide notice that auxiliary aids and services will be provided free of charge when necessary to comply with this rule. Those covered must also adopt effective communications procedures describing their process for ensuring effective communication for individuals with disabilities when required.
 

What can I do if I believe my civil rights under Section 1557 have been violated?

If you believe that you or someone else has been subject to discrimination in health care or health coverage, you may file a complaint with OCR under Section 1557. Learn how to file a complaint and request a complaint package, or call OCR’s toll-free number at (800) 368-1019 or (800) 537-7697 (TDD) to speak with someone who can answer your questions and guide you through the process. OCR’s complaint forms are available in a variety of languages. Individuals can file a complaint online via OCR’s Complaint Portal.

Can I get a copy of the regulation in large print, Braille, or some other alternative format?

Yes. To get a copy in an alternative format, please contact the Office for Civil Rights and provide the specifications for the format. To contact OCR, call their toll-free number at (800) 368 1019 or (800) 537-7697 (TDD) for assistance.