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ARTICLE · 13 MAY 2024

HHS Finalizes Long-Awaited Nondiscrimination Regulations

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On Friday April 26th, the Office of Civil Rights at the U.S. Department of Health and Human Services released regulations under Section 1557 of the Affordable Care Act, the nondiscrimination provision of the Affordable Care Act.

United StatesEmployment and HR
Alice Hall-Partyka
Alice Hall-Partyka
Troy Barsky
Troy Barsky

On Friday April 26th, the Office of Civil Rights ("OCR") at the U.S. Department of Health and Human Services ("HHS") released regulations under Section 1557 of the Affordable Care Act1 ("Section 1557"), the nondiscrimination provision of the Affordable Care Act (the "Final Rule"). Promulgated almost two years after OCR's proposed rule for Section 1557, the Final Rule restores critical protections for LGBTQI+ and pregnant individuals and significantly expands the scope of activity that is subject to Section 1557's nondiscrimination provisions, in both instances by removing limitations to the scope of Section 1557 that went into effect during the Trump Administration.

Further, in response to the President's Executive Order on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence and comments received in response to OCR's proposed rule for Section 1557, the Final Rule provides guidance about the applicability of Section 1557's prohibitions

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