New ACA rule aims to protect patients from sex, disability discrimination

The HHS has announced a proposed rule to modify discrimination provisions of the Affordable Care Act, which would help provide equal access to health care and coverage to some of the nation’s most vulnerable populations, according to a press release.

“This proposed rule is an important step to strengthen protection for people who have often been subject to discrimination in our health care system. This is another example of this Administration’s commitment to giving every American access to the health care they deserve,” Sylvia M. Burwell, HHS secretary, said in the release.

The proposed rule, Nondiscrimination in Health Programs and Activities, would expand on section 1557 of the ACA, which already protects individuals from being discriminated against based on sex, race, color, national origin, disability or age.

The rule would extend to ban all bases of discrimination. Discrimination based on gender identity would be specifically mentioned, requiring providers to treat patients consistently with their gender identity.

New protections provided by the proposed rule would include banning discrimination toward women in the health care they receive — requiring received services be on par with those that men receive.

Additionally, the proposed rule calls for effective communication efforts, including auxiliary aids and services for those with disabilities and available language services for individuals with limited English proficiency.

The proposed rule makes it clear that individuals can seek legal action if they feel they have been a victim of discrimination; according to the release, HHS’s Office of Civil Rights has already been accepting complaints on such matters.

The Nondiscrimination in Health Programs and Activities rule would apply to the Health Insurance Marketplaces, HHS administered health programs and any health programs or activities that receive funding from HHS.

The HHS has specifically requested comments regarding the proposed rule and religious exemption, and what, if anything, should be included in such an exemption. The rule is open for public comment through November 6, 2015.