HHS Issues New Proposed Rule to Strengthen Nondiscrimination Protections in Health Care The U.S. Department of Health and Human Services (HHS) announced a proposed rule implementing Section 1557 of the Affordable Care Act (ACA) which 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 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. This 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. The proposed rule includes language in the preamble that discusses how non-discriminatory benefit design could impact the provision and reimbursement of Medicaid and CHIP services, including but not limited to home and community-based services.  CMS encourages stakeholders to review the proposed rule and submit public comment. Public comments on the 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. View HHS’s press release: https://www.hhs.gov/about/news/2022/07/25/hhs-announces-proposed-rule-to-strengthen-nondiscrimination-in-health-care.html. The NPRM may be viewed or downloaded at: https://www.hhs.gov/sites/default/files/section-1557-nprm.pdf.

 

 

CMS Office of Minority Health  |  Working to Achieve Health Equity Paid for by the US Department of Health and Human Services