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Health & Welfare Plans Newsletter

July 25, 2022


[Official Guidance]

Text of HHS Proposed Regs: Nondiscrimination in Health Programs and Activities (PDF)

308 pages. "The Department proposes to revise the 2020 Rule to reinstate regulatory protections from discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs and activities, consistent with the statutory text of Section 1557 and Congressional intent. This proposed rule would reflect Section 1557's application to health programs and activities of the Department ... The proposed rule would also reinstate the rule clarifying that Section 1557 generally applies to many health insurance issuers and also prohibits discrimination in health insurance and other health-related coverage ... The proposed rule also seeks to create consistent procedural requirements for covered health programs and activities by requiring grievance procedures (for employers with 15 or more employees), the designation of a responsible employee (for employers with 15 or more employees), and the affirmative provision of civil rights notices."  MORE >>

U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

HHS Fact Sheet: 2022 Proposed Regs Under ACA Section 1557

"On July 25, 2022, HHS OCR issued a Notice of Proposed Rulemaking to revise its 1557 regulations. The previous version of this rule limited its scope to cover less programs and services limiting nondiscrimination protections. This proposed rule importantly solidifies protections against discrimination on the basis of sex including sexual orientation and gender identity consistent with the U.S. Supreme Court's holding in Bostock v. Clayton County. Strengthening these rules ... promotes gender and health equity for communities of color, women, LGBTQI+ individuals, people with disabilities, persons with limited English proficiency (LEP), and older people."  MORE >>

U.S. Department of Health and Human Services [HHS]

HHS Announces Proposed Rule to Strengthen Nondiscrimination in Health Care

"This proposed rule restores and strengthens civil rights protections for patients and consumers in certain federally funded health programs and HHS programs after the 2020 version of the rule limited its scope and power to cover fewer programs and services."  MORE >>

U.S. Department of Health and Human Services [HHS]

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