HHS Issues Proposed Rules on Healthcare Discrimination

The Department of Health and Human Services (HHS) has released a notice of proposed rulemaking for the nondiscrimination provisions of the Affordable Care Act (ACA). Section 1557 of the ACA provides that an “individual shall not … be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity.” In short, this section prohibits discrimination based on race, color, national origin, disability, or age. The proposed rules define, among other things, what encompasses discrimination. The purpose of today’s notice from HHS is to allow for a period of public comments which are due November 6, 2015. To read the HHS press release on the proposed rules, click here. A fact sheet on section 1557 written by HHS can be found here and a list of frequently asked questions about the proposed rules can be found here. The actual proposed rules can be downloaded here.