HHS issues proposed rule on non-discrimination in health programs

The Department of Health and Human Services’ Office for Civil Rights yesterday published a proposed rule clarifying the standards the agency applies in implementing Section 1557 of the Affordable Care Act, which prohibits discrimination based on race, color, national origin, sex, age or disability in health programs and activities receiving federal financial assistance, Health Insurance Marketplaces and other qualified health and wellness plans. Among other provisions, the rule proposes that sex discrimination include discrimination based on gender identity and sexual orientation, and would require that individuals be treated consistent with their gender identity. It also would require covered entities to post public and website notices indicating the availability of communication assistance in the top 15 languages spoken nationally by people with limited English proficiency, and to provide disabled individuals with access to auxiliary aids and services unless the entity can show an undue burden or a fundamental alteration, HHS said. For more information, see HHS’s factsheet and answers to Frequently Asked Questions.