Today, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) announced a new rule under Section 1557 of the Affordable Care Act, aimed at advancing protections against discrimination in health care.

Secretary Xavier Becerra expressed pride in the Office for Civil Rights' stance against discrimination, stating, “I am very proud that our Office for Civil Rights is standing up against discrimination, no matter who you are, who you love, your faith or where you live. Once again, we are reminding Americans we have your back.”

OCR Director Melanie Fontes Rainer highlighted the significance of Section 1557 in ensuring access to healthcare free from discrimination, stating, “Section 1557 is critical to making sure that people in all communities have a right to access health care free from discrimination. Today’s rule exemplifies the Biden-Harris Administration’s ongoing commitment to health equity and patient rights.”

CMS Administrator Chiquita Brooks-LaSure reiterated CMS's commitment to providing high-quality, affordable healthcare coverage for all, stating, “Today’s rule is another important step toward our goal of health equity – toward the attainment of the highest level of health for all people, where everyone has a fair and just opportunity to attain their optimal health.”

The new rule aims to restore protections that were previously removed and enhance access to healthcare for communities nationwide. It requires health programs and activities under HHS to adhere to nondiscrimination standards, prohibits discrimination based on various factors, and ensures the availability of language assistance and accessibility services at no cost to patients.

Additionally, the rule addresses the use of artificial intelligence in health programs, emphasizing the application of nondiscrimination principles to AI, clinical algorithms, and predictive analytics. It mandates steps to identify and mitigate discrimination in the use of AI and decision support tools for care.

Through this rule, HHS OCR aims to protect access to healthcare that is safe, culturally competent, and free from discrimination. More information about the protections of Section 1557 of the ACA can be found on the HHS website.