Health Affairs June 12, 2024
Section 1557 of the Affordable Care Act (codified as 42 U.S.C. §18116) is a civil rights landmark. At fewer than 300 words, Section 1557 (“1557”) is short in text. In this respect, it is similar to other health care civil rights laws on which it builds, such as Title VI of the 1964 Civil Rights Act, which prohibits discrimination by federally assisted entities based on race, national origin, sex, religion, or color.
Like other civil rights laws, 1557 delegates broad policymaking, implementation, and enforcement powers to the executive branch, in this case, the HHS Secretary. The final regulation, published in the Federal Register on May 6, 2024, represents the most comprehensive implementation effort to date.
Reflecting society’s highest aspirations, civil...