HHS Proposes Revised ACA Anti-Discrimination Rule

On July 25, 2022, the Department of Health and Human Services (HHS) issued a new proposed rule to significantly revise the agency’s prior interpretation of Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. The latest proposed rule rewrites a Trump-era regulation from 2020 that itself rewrote an Obama-era regulation from 2016. Both prior rules have been the source of ongoing litigation. The proposed rule was accompanied by a press release and fact sheet.

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