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Health equity

Strengthening enforcement of federal nondiscrimination in health care protections

APA Services comments on a proposed rule on Section 1557 of the Affordable Care Act that guards against discrimination against LGBTQ+ individuals and women seeking reproductive health care.

APA Style leaf logo Cite This Article in APA Style
Rennie, L. (2022, September 26). Strengthening enforcement of federal nondiscrimination in health care protections. https://www.apaservices.org/advocacy/news/nondiscrimination-health-care-protections

Black woman speaking with doctor

On September 30, APA Services submitted comments to the Department of Health and Human Services on a proposed rule to revise the implementing regulations for Section 1557 of the Affordable Care Act (PDF, 299KB)opens in new window. This provision of the law prohibits discrimination on the basis of race, color, national origin, age, disability, or sex in health programs or activities receiving federal financial assistance. 

In the comments, APA is largely supportive of the proposed rule because it strengthens enforcement of civil rights protections for patients and consumers most likely to encounter discrimination in health care settings or insurance coverage. The association affirmed more robust enforcement of civil rights protections to advance health equity, urged stronger reproductive health care provisions, and offered recommendations to enhance data collection.

The new rule also affirms protections against discrimination based on sex, defined as including sexual orientation and gender identity consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County, and reiterates protections from discrimination for seeking reproductive health care services. It also requires covered entities to train staff in providing language assistance services for individuals with limited English proficiency, and effective communication and reasonable modifications to policies and procedures for people with disabilities.

APA Services is working with national civil rights and healthcare organizations to push for the rule to be finalized and to counter opposition. 

For more information, contact Leo Rennie.