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ARTICLE · 01 FEBRUARY 2017

ACA Isn't Over Yet: New Section 1557 Nondiscrimination Rules

Fox Rothschild LLP
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While the fate of the Affordable Care Act (ACA) remains to be seen, in 2016 the Department of Health and Human Services (HHS) published a final rule implementing ACA Section 1557 nondiscrimination provisions which covered entities need to continue to be mindful of in 2017 (and, possibly, beyond).

United StatesEmployment and HR
Jessica Forbes Olson
Jessica Forbes Olson
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While the fate of the Affordable Care Act (ACA) remains to be seen, in 2016 the Department of Health and Human Services (HHS) published a final rule implementing ACA Section 1557 nondiscrimination provisions which covered entities need to continue to be mindful of in 2017 (and, possibly, beyond). The final rule prohibits discrimination on the basis of race, color, national origin, sex, age or disability in certain health programs and activities and imposes obligations on covered entities.

The final rule was effective on July18, 2016. However, to the extent the rule requires changes to the design of a benefit plan (e.g., changes to covered benefits) those changes were not required until the first day of the plan year beginning on or after January 1, 2017 (January 1, 2017 for a calendar year plan).

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