The Biden Administration’s Final Rule on Section 1557 Non-Discrimination Regulations Under the ACA

KFF May 15, 2024
Lindsey Dawson, Laurie Sobel, Kaye Pestaina, Jennifer Kates, Samantha Artiga, Alice Burns

This brief provides an overview of the Biden Administration 2024 final rule implementing Section 1557 of the ACA, which is home to the law’s major nondiscrimination provisions. While Section 1557’s protections took effect when the ACA was enacted in 2010, much of its reach has been determined by implementation guidance issued across different Presidential administrations, often reflecting conflicting views. The final rule reinstates and expands upon many of the 2016 regulations from the Obama Administration and is a reversal from much of the 2020 Trump Administration rule. We provide a brief background on 1557 rulemaking and identify key differences between this rule and the 2020 rule. We also highlight two areas of growing interest impacted by the rule – nondiscrimination...

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