HHS Releases Final Updated Section 1557 of the Affordable Care Act
On April 26, the U.S. Department of Health and Human Services (HHS) announced the final rule updating Section 1557 of the Affordable Care Act. This rule, aimed at federally funded health programs and services, solidifies protections against discrimination based on various factors, such as race, color, national origin, age, disability and sex. Notably, it extends these protections to LGBTQI+ individuals, aligning with recent legal precedents, such as the Bostock v. Clayton County decision, which affirmed protections for LGBTQI+ people. The rule also enhances safeguards for other marginalized groups, including non-English speakers.
Proposed by HHS in 2022, this rule underwent an extensive review process before its finalization. With its finalization, the rule takes effect 60 days after publication and includes a timetable for the effective date of certain provisions.
In addition to nondiscrimination provisions, the finalized rule mandates covered entities to inform patients about the availability of language assistance services. Providers are required to offer these notices in English and at least 15 other languages commonly used in their respective service areas, including telehealth settings. Moreover, the rule addresses the use of technology—such as algorithms and artificial intelligence in clinical decision-making—prohibiting discrimination against marginalized communities that could result from the use of patient tools. This includes tools that use generative artificial intelligence (AI).