Health Affairs November 14, 2024
On May 6, 2024, the Department of Health and Human Services (HHS) issued a final rule (the Rule) implementing Section 1557 of the Affordable Care Act, which prohibits discrimination by race, color, national origin, sex, age, and disability across health programs or facilities receiving federal funds. As was the case in the 2022 initial Proposed Rule, the 2024 Final Rule, codified under 45 CFR Section 92.210 and enforced by the HHS Office of Civil Rights (OCR), includes new regulations that mandate that Covered Entities must make “reasonable efforts” to identify and mitigate discrimination caused by the use of patient care decision support tools (PCDSTs). Covered Entities—including most hospitals, clinics, physician practice groups, academic medical centers, and private and public payers—have...
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