By Cait Smith
On April 26, 2024, the U.S. Department of Health and Human Services (HHS) finalized a landmark rule updating Section 1557 of the Affordable Care Act, which prohibits federally funded health programs and services from discriminating on the basis of race, color, national origin, age, disability, or sex. The new rule codifies nondiscrimination protections for LGBTQI+ people accessing health programs or activities that receive federal funds. Furthermore, it strengthens protections for other marginalized communities—including women, pregnant people, disabled people, people born outside of the United States, and those who don’t speak English as their primary language.
The rule was proposed by HHS in 2022, in part to update health care nondiscrimination protections to reflect the decision in Bostock v. Clayton County, which confirmed that LGBTQI+ people should be protected from discrimination. The proposed rule underwent an extensive public comment and review period. Now, nearly two years later, the rule has been finalized, and it will go into effect 60 days after publication.
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