Final ACA Section 1557 Nondiscrimination Rules: New Requirements for Group Health Plans, Healthcare Providers, and TPAs

BARBRI

This CLE webinar will provide guidance on the U.S. Department of Health and Human Services (HHS) Office for Civil Rights' (OCR) recently issued final nondiscrimination rules under Section 1557 of the Affordable Care Act (ACA). The panel will describe the final rule's requirements and how the rule expands the scope of covered entities, provides additional exemptions, and other key provisions under the final rule. The panel will also discuss the rule's compliance timeline and offer best practices for compliance for health plans, fiduciaries, and third-party administrators.

Description

On Apr. 26, 2024, the HHS and OCR issued final regulations reinterpreting Section 1557 of the ACA providing key revisions and expanding requirements under the ACA to prohibit discrimination on the basis of race, color, national origin, sex, age, or disability in health programs and activities that receive federal financial assistance.

The recently released final rule encompasses staggered effective dates beginning July 5, 2024, making key revisions to the regulations interpreting Section 1557 of the ACA. The revisions restore some regulatory provisions repealed in 2020 and expand the rule's scope by adding other provisions to enhance nondiscrimination requirements for healthcare providers, significantly impacting group health plans, fiduciaries, and third-party administrators.

The final rule includes: (1) requiring covered entities to build up a Section 1557 compliance program with policies, staff training, and designation of a Section 1557 coordinator; (2) for the first time, interpreting federal financial assistance to encompass Medicare Part B payments; (3) expanding protections related to language assistance and accessibility services; (4) re-codifying HHS' position that the prohibition against discrimination based on sex includes discrimination against LGBTQI+ individuals; and (6) applying Section 1557's nondiscrimination principles to the use of patient care decision support tools including those using AI.

Benefits counsel must understand these new requirements under the final rule, recognize the impact to plan sponsors and administrators, and take necessary steps to ensure compliance with these new regulations.

Listen as our expert panel provides an in-depth look at the ACA Section 1557 final rule. The panel will discuss who is now covered under the expansive provisions and the rule's requirements. The panel will also describe the exemption process and offer best practices for compliance.

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