The Department of Health and Human Services today delivered the “Nondiscrimination in Health Programs and Activities” final rule Section 1557 of the Affordable Care Act.It is the first federal civil rights law to broadly prohibit discrimination on the basis of sex in federally-funded health programs.
Previously, civil rights laws enforced by the Office for Civil Rights broadly barred discrimination based only on race, color, national origin, disability, or age. The new rule, however, prohibits denial of health care or coverage because of an individual’s sex, including discrimination based on pregnancy, gender identity, and sex stereotyping.
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Women must be treated equally with men in the healthcare they receive and the insurance they obtain. Also, categorical coverage exclusions or limitations for all healthcare services related to gender transition are discriminatory under the law.
HHS Secretary Sylvia M. Burwell called the rule a “key step toward realizing equity within our healthcare system.”
Other key provisions of Section 1557 are that it boosts language assistance for people with limited English proficiency and helps to ensure effective communication for individuals with disabilities. The rule also addresses the responsibilities of issuers that offer plans in the health insurance marketplaces.
Twitter: @Bernie_HITN
Email the writer: bernie.monegain@himssmedia.com
