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Text of HHS Notification of Interpretation and Enforcement of Section 1557 of the ACA
U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Official Guidance]
May 10, 2021

"This Notification is to inform the public that, consistent with the Supreme Court's decision in Bostock and Title IX, beginning May 10, 2021, the Department of Health and Human Services (HHS) will interpret and enforce Section 1557's prohibition on discrimination on the basis of sex to include: [1] discrimination on the basis of sexual orientation; and [2] discrimination on the basis of gender identity. This interpretation will guide OCR in processing complaints and conducting investigations, but does not itself determine the outcome in any particular case or set of facts.... This Notification is effective May 10, 2021."

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