Lexology July 25, 2024
Davis Wright Tremaine LLP

And the enforcement consequences if they don’t

On May 6, 2024, the Department of Health and Human Services (“HHS”) published final regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (the “Final Rule”) after soliciting commentary on the rule proposed in 2022 (“Proposed Rule”). Section 1557 is the first federal civil rights law to focus on nondiscrimination in healthcare, prohibiting discrimination on the basis of race, color, national origin, sex, age, or disability by certain healthcare organizations that receive federal financial assistance (“1557 Covered Entities”). The HHS Office of Civil Rights (“OCR”) is responsible for enforcing compliance with Section 1557.

The rules implementing Section 1557 have changed significantly since the initial version in 2016. The Final Rule...

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