Comment Period Open for Section 1557 Nondiscrimination Proposed Rule

June 20, 2019

The U.S. Department of Health and Human Services (HHS) has issued a proposed rule to revise regulations implementing and enforcing Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities.

Members of the public are invited to submit comments on this proposed rule through August 13, 2019 online via regulations.gov.

Comments can also be mailed to U.S. Department of Health and Human Services, Office for Civil Rights, Attention: Section 1557 NPRM, RIN 0945-AA11, Hubert H. Humphrey Building, Room 509F, 200 Independence Avenue SW, Washington, DC 20201

Among the questions that the Notice of Proposed Rule Making seeks input on is, "whether HHS's Section 504 regulations at 45 CFR part 85 should be amended to address effective communication, accessibility standards for buildings of facilities, accessibility of electronic information technology, and the requirement to make reasonable modifications for otherwise qualified individuals with disabilities under any program or activity receiving Federal financial assistance from HHS."

Comments

Dr. Carol J. Manahan - Sat, 07/27/2019 - 11:40

i am concerned that the Section 1557 Proposed Rule undermines the the larger goal of the ACA: moving towards a health care system where every individual can have access to the medical care they need.

Section 1557 brings civil rights protections under one provision and ensures language access requirements to Federal Health services such as the VA dept health program, TriCare for military, Federal Employee Health Benefit Program, ensuring that health insurers, hospitals, and other covered entities provide fair and equitable treatment to all enrollees, patients, and participants.

I further urge the recognition of a private right of action to challenge discrimination without exemptions for any reason. A private right of action is established under Title IX, Title VI, Section 504, and the Age Discrimination Act, which form the predicate for enforcement of Section 1557. Individuals must have access to the courts for all grounds of prohibited discrimination, including both intentional and disparate impact, and without exhaustion of administrative remedies.

I am writing to urge against the proposed revisions to Section 1557 of the Affordable Care Act (ACA). To reverse Section 1557 would reverse protections against discrimination that we know affect members of marginalized communities, such as racial and ethnic minorities; women; people with disabilities; immigrants; people whose primary language is not English; and lesbian, gay, bisexual, and transgender (LGBT) individuals. Section 1557 is a major part of the Civil Rights Act, created to ensure that everyone in America has access to quality, affordable health insurance coverage and health care. The application of Section 1557 to insurance carriers and health programs reinforces other key reforms of the ACA and is a critical component of ensuring nondiscriminatory access to coverage for vulnerable populations.

Sydney Lewis - Mon, 07/29/2019 - 07:20

Please do not revise Section 1557 of the Affordable Care Act (ACA). Do not take protections away from Transgender human beings.

Virginia Carlson - Mon, 08/05/2019 - 11:14

I do not agree with taking protections away from vulnerable individuals. Surely you can find a way to limit the paperwork without adding to the bias that already exists.

Chris Hollingshead - Sun, 08/11/2019 - 13:44

Religion has no place in medical or scientific fields; what one believes in one's personal life should have no bearing on his or her ability or willingness to execute their job requirements. 

Denying care to a marginalized group of people is immoral and unethical. Physicians must uphold their hippocratic to ALL patients, not only those they deem worthy of care.

Allowing exemptions based on religion sets a dangerous precedent. It was not so long ago that individuals could discriminate based on race, a practice which we know to be abhorrent. If one set of innate characteristics cannot be the basis of discrimination then no such characteristics should be.

I urge you to reject discrimination and not revise Section 1557 of the Affordable Care Act (ACA).

Sincerely,

Chris Hollingshead

Linda Berthelson - Mon, 08/12/2019 - 12:12

This new rule clarifies that Section 1557 of the ACA cannot force a recipient of federal funding to provide or pay for an abortion. It will also be consistent with the First Amendment, the intent and language of civil rights laws, and consistent with pro-life provisions, conscience provisions, and religious liberty protections in current law. I am in support of this revision.

Dave Hamilton - Mon, 08/12/2019 - 13:47

Do not revise section 1557 of the Affordable Care Act. Do not allow institutional healthcare discrimination against LGBTQ Americans.

Fred Silberberg - Mon, 08/12/2019 - 16:57

Section 1557 must not be revised. There is discrimination against LGBT individuals in all facets of life. Making sure that this discrimination is not permitted as a way to deny the fundamental right to health care is paramount. Don’t permit the Trump Administration to take these protections away.

Fred Silberberg - Mon, 08/12/2019 - 16:57

Section 1557 must not be revised. There is discrimination against LGBT individuals in all facets of life. Making sure that this discrimination is not permitted as a way to deny the fundamental right to health care is paramount. Don’t permit the Trump Administration to take these protections away.

Elizabeth Gaffney - Mon, 08/12/2019 - 20:56

We cannot take away protections for vulnerable individuals. Health care's primary goal should be to cover everyone regardless of any aspect of their status.



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Last modified on 06/20/2019


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