Action Steps
- The final rule is likely to trigger additional lawsuits. As a result, plan administrators and issuers should monitor all legal developments in consultation with benefits counsel and work closely with their benefits advisors in complying with their Section 1557 obligations.
- The latest updates can be found on OCR’s Section 1557 webpage.
Discrimination based on race, color, national origin, sex, age or disability in certain health programs and activities is prohibited by Section 1557 of the Affordable Care Act. Section 1557 has been in effect since its enactment in 2010, with the U.S. Department of Health and Human Services’ (HHS) Office of Civil Rights (OCR) enforcing the provision.
The rules and guidance HHS has published to implement Section 1557 have been the subject of numerous lawsuits, dating back to when initial regulations were issued in 2016. On April 26, 2024, OCR issued its latest final rule implementing Section 1557, which expands the scope of prior regulations.
While the final rule generally becomes effective July 5, 2024, the applicability dates of certain provisions vary. This Compliance Overview provides a timetable of the delayed applicability dates for specific requirements of the final rule.
Section 1557 Litigation
The litigation surrounding Section 1557 has primarily focused on:
- Which health programs and activities are subject to Section 1557’s nondiscrimination requirements; and
- Whether sex discrimination includes discrimination based on gender identity, sexual orientation and termination of pregnancy.
- The previous version of this rule, issued in 2020, covered fewer programs and narrowly interpreted sex-based discrimination. The current rule reinstates broader requirements.
Links and Resources
- OCR’s Section 1557 webpage
- HHS Fact Sheet on the final rule
- HHS Frequently Asked Questions on the final rule
- OCR’s Translated Resources for Covered Entities
- Current 2024 final rule text
Section 1557 Applicability Table
The final rule becomes effective July 5, 2024. However, delayed applicability dates for certain provisions apply, as specified in the table below.
Special Note: The deadlines below have been applied using the special counting rules enumerated in Title 1, Code of Federal Regulations, Part 18, Section 17 (1 CFR § 18.17). This section states, in relevant part, that for purposes of computing effective dates, where the final count would fall on a Saturday, Sunday or holiday, the date certain will be the next succeeding federal business day.
Section 1557 Provision | Compliance Deadline | |
§ 92.7 Section 1557 Coordinator |
Nov. 4, 2024 |
|
§ 92.8 Policies and Procedures |
July 7, 2025 |
|
§ 92.9 Training |
Following the implementation of the policies and procedures required by § 92.8, and generally no later than May 1, 2025* |
|
§ 92.10 Notice of Nondiscrimination |
Nov. 4, 2024 |
|
§ 92.11 Notice of Availability of Language Assistance Services and Auxiliary Aids and Services |
July 7, 2025 |
|
Section 1557 Provision | Compliance Deadline | |
§ 92.207(b) Nondiscrimination in Health Insurance Coverage and Other Health-related Coverage (Benefit Design Changes)
|
For requirements 1-5, July 5, 2024, unless the coverage is newly subject to these requirements; in that case, compliance is required by the first day of the first plan year beginning on or after Jan. 1, 2025 For requirement 6, by the first day of the first plan year beginning on or after Jan. 1, 2025 |
|
§ 92.210(b) and (c) Use of Patient Care Decision Support Tools |
May 1, 2025 |
*Note that there is conflicting agency guidance on this deadline. The schedule provided in the final rule states that the deadline is no later than one year of July 5, 2024, which is July 7, 2025 (using the special counting rule in 1 CFR § 18.17). However, the table above reflects the more conservative deadline listed in the preamble to the final rule and HHS FAQs, which is no later than 300 days of July 5, 2024 (i.e., May 1, 2025). If clarification is provided, the table above will be updated.
Provided to you by The Horton Group, Inc.
Material posted on this website is for informational purposes only and does not constitute a legal opinion or medical advice. Contact your legal representative or medical professional for information specific to your legal or medical needs.