JD Supra August 8, 2022
On July 25, 2022, the Department of Health and Human Services issued a new proposed rule (subsequently published in the Federal Register on August 4) on Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. The comment period closes on October 3.
This proposed rule is a broadly significant update to the implementing regulations for Section 1557. This Alert does not discuss the entirety of the proposed rule. Instead, it specifically addresses two parts impacting digital health, which are notably new additions in the history of rulemaking on Section 1557—namely, the proposed extension of Section 1557 to “clinical algorithms” and...
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