HHS Announces Proposed Rule to Strengthen Nondiscrimination in Health Care


On July 25, 2022, the U.S. Department of Health and Human Services (HHS) announced a proposed rule implementing Section 1557 of the Affordable Care Act (ACA)(Section 1557) that prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. This proposed rule restores and strengthens civil rights protections for patients and consumers in certain federally funded health programs and HHS programs after the 2020 version of the rule limited its scope and power to cover fewer programs and services.

The proposed rule affirms 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, and reiterates protections from discrimination for seeking reproductive health care services. Strengthening this rule is part of the Biden-Harris Administration’s commitment to advancing gender and health equity and civil rights, as laid out in President Biden’s executive orders on Preventing and Combatting Discrimination on the Basis of Gender Identity or Sexual Orientation, Protecting Access to Reproductive Healthcare Services, and Advancing Racial Equity and Support for Underserved Communities.

For more information, click the button below to view the full press release!


Public comments on the Notice of Proposed Rulemaking (NPRM) are due 60 days after publication of the NPRM in the Federal Register. The Department will also be conducting a Tribal consultation meeting on August 10, 2022, from 2:00 p.m. to 4:00 p.m. Eastern Daylight Time.


To participate, you must register in advance at https://www.zoomgov.com/meeting/register/vJIsfu-rqzksEl2T8gUp_lDrWBqkU0223CY

The NPRM may be viewed or downloaded at: https://www.hhs.gov/sites/default/files/section-1557-nprm.pdf

A fact sheet on the NPRM is available in English and 16 languages at: https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html

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