The Department of Health and Human Services Proposes Rule to Weaken the Nondiscrimination Protections of the Affordable Care Act

The Arc continues to work to protect the significant achievements of the Patient Protection and Affordable Care Act (ACA), including the nondiscrimination provisions in Section 1557. We are disappointed to see the proposed rule from the Department of Health and Human Services (HHS), which radically narrows application of the nondiscrimination protections and limits the remedies for people who are impacted.

Sec. 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, disability, age, and sex in healthcare. This section of the ACA is an important tool for achieving health care equity for people with disabilities and others. The proposed rule narrows important civil rights protections and undermines or eliminates key provisions covering individuals who have experienced discrimination in health care programs and settings.

The Arc promotes strong enforcement of existing civil rights laws in the face of attempted rollbacks, and opposes this proposal that puts people at greater risk of being denied necessary and appropriate health care. We will continue to pursue civil rights protections against discrimination based on disability, health status, ethnicity, race, sex, pregnancy, gender identity and expression, sexual orientation, religion, familial status, age, language, national origin, and genetic information in the administration of and access to health care.

What can The Arc and disability rights advocates do? This rule is not yet final, and today is the beginning of a 60-day public comment period. The Arc will participate in the comment process and will share resources to help others engage. To stay informed, sign up for our Disability Advocacy Network email list.