Updated Section 1557 of the Affordable Care Act Codifies Critical Protections for Marginalized Communities

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Patrick Gaspard President and Chief Executive Officer at Center for American Progress | Official website

Updated Section 1557 of the Affordable Care Act Codifies Critical Protections for Marginalized Communities

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On April 26, 2024, the U.S. Department of Health and Human Services (HHS) finalized a landmark rule updating Section 1557 of the Affordable Care Act, ensuring nondiscrimination in federally funded health programs and services. The rule extends protections to marginalized communities, including LGBTQI+ individuals, women, disabled people, and those with limited English proficiency.

The rule, proposed in 2022 and finalized after extensive public review, solidifies protections for LGBTQI+ individuals accessing federally funded health programs. It reflects the importance of ensuring equal access to healthcare for all individuals, regardless of their background or identity. As stated by the HHS, "At a time when access to medical care and bodily autonomy is under attack, these updated protections are crucial."

The updated nondiscrimination protections cover a wide range of healthcare services receiving federal funding, such as Medicare providers, federally funded health centers, and those with federally funded health insurance. This means that nearly all Americans will benefit from these enhanced protections, marking a significant step towards health equity.

In addition to nondiscrimination provisions, the new rule mandates that covered entities inform patients about language assistance services available, ensuring access to care for individuals with limited English proficiency. Furthermore, the rule addresses the use of technology in healthcare decision-making, aiming to prevent discrimination against marginalized communities that could arise from the use of certain tools.

Overall, the updated Section 1557 of the Affordable Care Act represents a crucial advancement in health equity. It not only safeguards the rights of marginalized communities but also contributes to a more inclusive and accessible healthcare system for all individuals in the United States.

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