On May 6, 2024, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published its Final Rule under Section 1557 of the Affordable Care Act. This rule strengthens protections against discrimination in healthcare based on race, color, national origin, sex (including gender identity and pregnancy), age, and disability. Healthcare providers receiving federal financial assistance (e.g. Medicare or Medicaid payments) or participating in health programs administered by HHS are required to comply with these updated requirements.
As of late 2024, some requirements are already in effect. Providers must ensure that they are meeting these requirements, and also focusing on upcoming 2025 deadlines to maintain compliance.
Requirements Already in Effect (2024 Deadlines)
- November 2, 2024
- Section 1557 Coordinator: Entities with 15 or more employees must appoint a Section 1557 Coordinator that oversees compliance efforts, handle grievances, implement policies, and coordinate training.
- Notice of Nondiscrimination: Post and Provide a Notice of Nondiscrimination that notifies patients, participants, and the public of nondiscrimination policies, grievance procedures, and available language assistance services. The notice must be prominently displayed on your website and in physical locations in an accessible format.
Upcoming 2025 Deadlines and Key Actions
- May 1, 2025
- Train Relevant Employees: Ensure employees who interact with patients or make decisions affecting care are trained on nondiscrimination policies within 30 days of implementing those policies. Document completion of training and retain records for at least three years.
- Evaluate Decision-Support Tools: Assess tools like artificial intelligence or algorithms for discriminatory risks. Mitigate risks related to variables that could lead to discrimination based on race, national origin, sex, age, or disability.
- July 5, 2025
- Provide Notice of Language Assistance Services: Notify patients of free language assistance and auxiliary aids, including translations in the 15 most commonly spoken non-English languages in your state. Post the notice online and in physical locations in a prominent, easy-to-read format.
- Adopt and Implement Written Policies and Procedures: Ensure your organization has policies addressing:
- Nondiscrimination: Prohibit discrimination and provide language assistance, auxiliary aids, and reasonable modifications for patients with disabilities.
- Grievance Procedures: Resolve complaints equitably and maintain confidentiality.
- Language Access: Identify limited-English-proficiency individuals, provide interpreters, and document available translated materials.
- Effective Communication: Ensure communication access for individuals with disabilities, including interpreters and auxiliary aids.
- Reasonable Modifications: Define processes for granting disability-related modifications to policies or services.
Healthcare providers must meet the compliance requirements under Section 1557 of the Affordable Care Act to avoid regulatory penalties. Providers must ensure they have already addressed 2024 obligations, such as appointing a Section 1557 Coordinator and posting the Notice of Nondiscrimination, and should actively prepare for the upcoming 2025 deadlines. By auditing existing policies, implementing new procedures, and training employees, providers can create a more inclusive healthcare environment that aligns with federal standards. Staying proactive and informed will not only help providers meet regulatory expectations but also improve the quality of care for diverse patient populations.
This summary provides an overview of a complex legal situation and does not constitute legal advice. For questions about Section 1557 requirements, please contact: Casey Moriarty (cmoriarty@omwlaw.com), Adriana Lein (alein@omwlaw.com), or Peggy Rodriguez (prodriguez@omwlaw.com).
