The U.S. Department of Health and Human Services issued proposed regulations changing certain aspects of the Affordable Care Act.
Section 1557 of the ACA prohibits discrimination in health programs on the basis of race, color, national origin, sex, age or disability. “On the basis of sex” was defined by HHS to include gender identity and termination of pregnancy. Several court cases challenged the HHS’ definition of discrimination as going outside of Congress’ regulatory powers as it expanded the typical definition of sex. The proposed regulations return the plain meaning definition of “sex” to the discrimination provisions instead of gender and pregnancy status.
The proposed regulations also remove the ACA requirement that health plans provide certain language notifications in publications. Presently, covered entities must mail beneficiaries and enrollees notices about non-discrimination policies and the right to receive language assistance services. If finalized, the regulations remove the requirement to provide documents in multiple languages with taglines informing individuals that language assistance services are available.