On April 26, 2024, the Department of Health and Human Services (HHS) Office of Civil Rights (OCR) and the Centers for Medicare and Medicaid (CMS) issued a final rule under Section 1557 of the Affordable Care Act (ACA). This Section of the ACA is the anti-discrimination section of the law. Individuals cannot be discriminated against or prohibited from participating in health-related programs or denied health coverage on the basis of race, color, national origin, sex, age, or disability.

The rule applies to health programs or activities that receive HHS funding or that are administered by HHS.

The final rule, which is scheduled to be published on May 6, 2024, and will take effect sixty days later on July 5, 2024, aims to broadly address inequity across health care and underscores the importance of not discriminating based on sex, which is defined broadly to include gender identity and sexual orientation. More detail will be provided once the rule is published.

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