Are You Ready for It? Section 1557’s Upcoming Deadlines

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By Allison (Ally) Kjellander

The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) published its final rules implementing the anti-discrimination provisions under Section 1557 of the Affordable Care Act (“Final Rule”) on May 6, 2024. The Final Rule applies to all health programs or activities that receive, directly or indirectly, federal financial assistance (“FFA”),1 and to all health programs or activities administered by HHS or by a Title I entity. Entities falling within one of these three categories are called “covered entities.”2 This Final Rule mimics many of the requirements from the Obama Administration’s 2016 Section 1557 Rule (“2016 Rule”).3 The Final Rule continues to prohibit discrimination on the basis of race, color, national origin, sex, age, or disability, but there are several new twists. And while many requirements under the Final Rule became effective on July 5, 2024, various provisions have staggered effectives dates. Specifically, covered entities need to be ready for the following upcoming deadlines:4 Read more

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

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By Kim Stanger

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.1  The revised rules apply to all healthcare providers that receive, directly or indirectly, federal financial assistance, including but not limited to participation in Medicare or Medicaid.2  The revised rules continue to prohibit discrimination based on race, color, national origin, sex, age, and disability and reaffirm providers’ current obligations to provide meaningful access to persons with limited English proficiency or disabilities, but they add a few new twists.  The revised rules become effective July 5, 2024, but HHS will delay enforcement of certain provisions as described below.  Under the final rules, virtually all healthcare providers3 will need to do the following in addition to complying with other state or federal non-discrimination laws: Read more

Resources for ACA Notice of Nondiscrimination: Beware October 16 Deadline

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By Kim Stanger, Holland & Hart LLP

For those healthcare providers who have postponed creating the mandatory Notice and Statements of Nondiscrimination required by Section 1557 of the ACA, HHS has made it relatively easy for you to comply with the October 16 deadline by providing helpful resources: Read more