Lexology January 16, 2025
McDermott Will & Emery

In April 2024, the US Department of Health and Human Services (HHS) issued a final rule reinterpreting Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability, or any combination thereof, in a health program or activity, any part of which receives federal financial assistance. This includes a general prohibition on discrimination through the use of patient care decision support tools, which becomes effective May 1, 2025 (i.e., 300 days from the rule’s effective date).

As Section 1557 covered entities (i.e., health programs or activities that receive HHS funding, health programs or activities administered by HHS, and the federal Health Insurance Marketplace) work to evaluate their patient care...

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