Nondiscrimination in Health Programs and Activities, Section 1557, Implementation Requirements

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Nondiscrimination in Health Programs and Activities, Section 1557, Implementation Requirements

HHSLogo (Nov. 8, 2024) – The U.S. Department of Health and Human Services published its final rules implementing the anti-discrimination provisions under Section 1557 of the Affordable Care Act on May 6, 2024. The final rule applies to all health programs or activities that receive, directly or indirectly, federal financial assistance and to all health programs or activities administered by HHS or by a Title I entity. The final rule prohibits discrimination based on race, color, national origin, sex, age or disability.

Under the final rule, virtually all health care providers will need to do the following in addition to complying with other state or federal non-discrimination laws:

For covered entities with 15 or more employees, appoint a Section 1557 Coordinator – Nov. 2, 2024, deadline
Post and provide the Notice of Discrimination to all patients, participants, beneficiaries, enrollees, applicants of its health programs and activities and to members of the public – Nov. 2, 2024, deadline
Train relevant employees on policies and procedures – May 1, 2025, deadline
Ensure patient care decision support tools are used non-discriminatorily – May 1, 2025
Post and provide the notice of availability of language assistance services and auxiliary aids and services – July 5, 2025
Adopt and implement policies and procedures - July 5, 2025

Sample policies, notices and forms can be found in the resources for covered entities on the HHS website. Details about the requirements can be found here. Link to the frequently asked questions on Section 1557 Non-discrimination.
--Shannan Flach

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