Ep. 17 – New Section 1557 Regulations: What the new non-discrimination rules mean for providers

Earlier this month, HHS unveiled updated Section 1557 regulations which will impact most healthcare providers, including for the first time Medicare Part B providers who do not participate in other federal programs like Medicaid and Medicare Part A. Section 1557 of the Affordable Care Act (“ACA”) prohibits discrimination by covered providers on the basis of race, color, national origin, sex, age, or disability.

Although covered providers have had to comply with Section 1557 since the passage of the ACA, in 2020 the Trump Administration scaled back regulatory requirements for providers. The new regulations bring back several Obama-era requirements while also expanding them. Among the most controversial provisions is the requirement for covered entities to provide equal access to programs and activities without discrimination on the basis of sex and inclusion of sexual orientation, gender identity, sex characteristics and pregnancy in the definition of discrimination on the basis of sex.

Although a lawsuit seeking to block the implementation of the new rules has already been filed, covered providers should evaluate their current policies and processes to determine how they may need to be updated in light of the new rules, especially the less divisive provisions shedding light on HHS’ interpretation of how to provide meaningful access to language assistance for individuals with limited English proficiency and ensure effective communications with individuals with disabilities.

On our podcast this week, we discuss the new regulations, how they differ from prior rules, and updates needed for provider policies and processes to comply with the new rules. With the first compliance deadline fast approaching on July 5, 2024, compliance officers should ensure they are aware of upcoming requirements and effective dates. To help, we have a summary on our free resources page of the changes in the Section 1557 regulations, including their effective dates and recommendations on steps providers should take to ensure timely compliance.