HHS proposes new ACA Section 1557 rules

The U.S. Department of Health and Human Services recently issued proposed rules revising the nondiscrimination regulations under Section 1557 of the Affordable Care Act. Section 1557 amended titles VI and VII of the Civil Rights Act to expand the protections from discrimination based on race, color, national origin, sex, age, or disability to certain health programs and activities administered by covered entities. The proposed rules indicate a covered entity must not discriminate against any protected class in providing or administering health insurance coverage or other health-related coverage. They also expand protections against discrimination based on sex, which includes sexual orientation, gender identity, and individuals seeking reproductive healthcare services.

This Alert will highlight provisions of the proposed regulations that affect employer-provided group health plans. We will provide a more in-depth review once the final regulations appear.