Recently, the Department of Health and Human Services (HHS) has proposed new regulations to reinstate individual healthcare access protections that were previously suspended during the Trump Administration. The proposed rule aims to revive provisions that were established during the Obama administration to safeguard against discrimination, ensuring that healthcare remains accessible to all, regardless of race, color, national origin, sex, age, or disability, as long as the healthcare program receives federal funding and financial assistance. Notably, the provisions protecting gender identity and sexual orientation, which were cut during the Trump administration, will also be restored.
The proposed legislation focuses on strengthening Section 1557 of the Affordable Care Act, which guarantees equal rights to healthcare and prevents discrimination based on race, color, national origin, age, disability, and sex in federally funded programs. Providers and insurers receiving federal financial assistance, including those involved in telehealth and Medicare Part B, will be affected by these changes.
For employers covered under a government-subsidized health plan, it is essential to inform employees about any rule changes that may affect them to ensure full compliance. The new rule will require “Covered Entities” employing 15 or more employees to appoint one or more individuals responsible for ensuring compliance with Section 1557 regulations. The coordinator’s duties will include processing grievances, maintaining records, implementing language access procedures, overseeing communication procedures, managing reasonable modifications for individuals with disabilities, and conducting relevant employee training.
Covered employers will also need to implement new healthcare programs and activities aligned with HHS’s requirements. This includes establishing a nondiscrimination policy with a grievance procedure and ensuring that procedures provide full access to those with limited English proficiency (LEP).
Additionally, covered entities must provide a notice of nondiscrimination to the public, beneficiaries, applicants, and participants in their healthcare programs. They must not discriminate based on various factors, including race, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, or disability, and should offer reasonable modifications for individuals with disabilities. Language assistance services, such as translation documents and oral interpretation, must be provided free of charge. The notice must include contact information for the Section 1557 Coordinator, details on the covered entity’s grievance procedure, instructions on filing a discrimination complaint with HHS’ Office for Civil Rights, and information on accessing the covered entity’s website if available. Lastly, the new rule makes covered entities responsible for training applicable employees on all relevant regulations and policies.