HHS issues final rule for health equity improvements in the Affordable Care Act

HHS has finalized a rule aimed at reducing health care disparities and advancing health equity, according to a press release issued by the agency.

The Nondiscrimination in Health Programs and Activities final rule implements Section 1557 of the Affordable Care Act, which protects patients from discrimination on the basis of color, race, age, national origin, sex or disability in health care settings; it includes discrimination based on sex stereotyping, pregnancy and gender identity.

The rule will require that women be treated equally with men in terms of the health care they seek from providers and will prohibit the denial of health coverage or care based on a patient's sex.

Sylvia Mathews Burwell

"A central goal of the Affordable Care Act is to help all Americans access quality, affordable health care," Sylvia M. Burwell, HHS secretary, said in the release. "Today's announcement is a key step toward realizing equity within our health care system and reaffirms this Administration's commitment to giving every American access to the health care they deserve."

The rule will also help provide effective communication for patients with disabilities and improve assistance for patients with limited ability to speak and understand English.

Covered entities will be required to provide individuals with disabilities with auxiliary aids and services when necessary and also make electronic information and facilities accessible.

In addition, entities will be required to provide "meaningful access" to patients with limited knowledge of English and encouraged to create language access plans.

HHS also noted that while this rule does not clarify whether or not sexual orientation discrimination is a form of sex discrimination according to Section 1557, the Office of Civil Rights will assess any complaints.