Enacted in 2010, the Affordable Care Act was the first healthcare law to broadly ban discrimination in the delivery of healthcare. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age and disability in health programs and activities receiving federal financial assistance.
A rule passed in 2020 by the Trump administration rescinded many of these protections, eliminating the section’s general prohibition on sex and gender-based discrimination and weakening protections that provided access to language-assistive services for patients with limited English proficiency. Now, the Department of Health & Human Services (HHS) has issued a Final Rule that reinstates the application of Section 1557 to all HHS health programs and activities and state and federally facilitated exchanges. The rule goes into effect July 5. A Q&A on the rule can be perused here.
Key Provisions: What Rheumatologists Need to Know
Relevant provisions of the Rule include:
- Providers must not discriminate against any individual through the use of patient care decision support tools, and covered entities must take reasonable steps to mitigate discrimination once made aware of the potential for discrimination resulting from use of these tools.
- Providers must not discriminate in their delivery of health services provided through telehealth. This includes ensuring that such services are accessible to individuals with disabilities and limited English proficiency (LEP).
- Providers must provide notice in prominent locations that language assistance services and auxiliary aids are available.
- Providers must implement policies and procedures to ensure compliance with the rule.
- Providers must begin training relevant employees no later than 30 days after a covered entity implements its policies and procedures.
- Providers with 15 or more employees must designate at least one employee to serve as a coordinator to integrate efforts to comply with and carry out responsibilities under section 1557.
