Section 1557 of the Affordable Care Act, together with its new regulations, ushers in a new era of nondiscrimination requirements in the delivery of healthcare. Specifically, Section 1557 and the final regulatory rule introduces new protected classes, including for the first time, protections against discrimination on the basis of “sex.” These new rules apply to a greater number of healthcare entities and require those covered entities to take immediate action to comply with the regulations. For example, providers must designate an employee responsible for ensuring compliance with Section 1557 and its regulations; post nondiscrimination notices to patients in multiple languages; and adopt a grievance procedure to resolve allegations of discrimination against patients. In addition, HHS has adopted several interpretations of Section 1557 that may make healthcare discrimination litigation more prevalent in the future.

After reviewing Section 1557 and the final rule, this course will recommend specific ways in which healthcare providers can minimize risk associated with these new provisions—and comply with the final regulatory rule.