All the Talk! Affordable Care Act Section 1557 Final Regs Issued

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability, or any combination thereof, in a health program or activity, any part of which is receiving federal financial assistance. In late April, Health and Human Services issued final regulations that expand the breadth of Section 1557, much like the rule under the Obama administration. The new rule, effective July 5, 2024, is consistent with policies appearing in HHS’s 2022 proposed regulations, regarding gender-affirming care provided by group health plans, carriers, and third-party administrators (TPAs).

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Related Content

• ACA Nondiscrimination Notice (ACA Section 1557)
  Reference this template regarding Section 1557 notice requirements. The notice requirements were removed in revised final rules issued in 85 Fed. Reg. 37,160 (June 19, 2020). The new final Section 1557 regulations provide new notice requirements that differ substantially from the 2016 final rules. 89 Fed. Reg. 37,522 (May 6, 2024). These new regulations will require both a notice of nondiscrimination and a notice of availability of language assistance services and auxiliary aids and services. 

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