The U.S. Department of Health and Human Services finalized rules that change the nondiscrimination requirements under the Affordable Care Act. This change lessons regulations on health plans.
The Affordable Care Act prohibits health plans, insurers and health care providers from discriminating against employees based on race, color, national origin, sex, age and disability. When first enacted, the nondiscrimination provisions were interpreted to apply to gender identity and required plans to cover certain gender-related services. They also required notice of nondiscrimination rights and distribution of information to plan participants in different languages.
The new HHS guidance provides that
- Sex discrimination does not include gender identity and sex stereotyping;
- Plans no longer have to cover gender reassignment surgery;
- Nondiscrimination notices and foreign language taglines do not have to be added to plan communications; and
- Plans do not have to provide special grievance procedures to address discrimination complaints.
The new rules roll back protections implemented by the ACA and lessen nondiscrimination requirements on health plans, insurers and providers.
