The Nondiscrimination in Health Programs and Activities rule, announced by the Office of Civil Rights in HHS, will bar medical providers and insurers from discriminating based on gender, in terms of both treatments and access to facilities and services. The rule applies to the health plans of all insurers participating in the health insurance marketplaces, any health program that HHS administers, and any health program or provider that receives funding from HHS, such as hospitals that accept Medicare patients or physicians who treat Medicare patients.
Previously, civil rights laws enforced by HHS’ OCR barred discrimination based only on race, color, national origin, disability or age. Section 1557 of the Affordable Care Act extended civil rights protections by banning discrimination against participants in health programs and activities based on sex. The latest proposed rule establishes the prohibition of sex discrimination includes discrimination based on gender identity.
“This proposed rule is an important step to strengthen protections for people who have often been subject to discrimination in our healthcare system,” said HHS Secretary Sylvia M. Burwell. “This is another example of this Administration’s commitment to giving every American access to the healthcare they deserve.”
The proposed rule also includes requirements for effective communication for people with disabilities and greater language assistance for people with limited English proficiency.
While OCR has already been accepting complaints under the ACA, the proposed rule clarifies that individuals can seek legal remedies for discrimination under Section 1557 of the ACA.
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