HHS finalizes proposed changes to ACA non-discrimination rule

The Department of Health and Human Services today finalized proposed revisions to a 2016 rule implementing nondiscrimination protections for patients under Section 1557 of the Affordable Care Act. The final rule, among other things, removes the 2016 definition of "discrimination based on sex," which included discrimination on the basis of gender identity.

AHA had strongly urged HHS not to finalize their proposal, expressing concerns that "narrowing the current regulation's protections against discrimination based on sex, including gender identity, sexual orientation and sex stereotypes, could have an adverse impact on access to care and the health of individuals." The association also raised concerns that the changes would limit the circumstances in which prohibitions against discrimination would apply to health insurers.

AHA staff are reviewing the final rule and will share more information with members soon.