NHeLP Files “Friend of the Court” Brief to Protect the ACA’s Anti-discrimination Provision

NHeLP Files “Friend of the Court” Brief to Protect the ACA’s Anti-discrimination Provision

On August 11, the National Health Law Program (NHeLP) submitted an amicus brief on behalf of itself and ten partners in support of the Attorney General of Washington State’s motion for a preliminary injunction against the implementation of the Trump administration’s recently finalized rule to restrict the reach of Section 1557, the Affordable Care Act’s ground-breaking anti-discrimination provision.

The final rule, set to go into effect on August 18 absent court intervention, would cause harm to the those the ACA was designed to protect and remove critical protections that will impact millions of women, people with disabilities, LGBTQ+ individuals, older adults, Black, Indigenous, and people of color (BIPOC), and individuals with limited English proficiency (LEP). The rule change is rooted in regressive understandings of health care discrimination and places greater burdens on individuals trying to navigate an already complex health care system.

Our amicus argues that the Trump Rule would limit timely access to health care for historically marginalized individuals and communities by attempting to incorporate harmful exemptions from statutes not listed in the ACA, including religious exemptions. It also removes notice, tagline, and effective communication requirements. The Trump administration’s rule also sharply curtails the health care entities that have to comply with the non-discrimination provisions of Section 1557, despite the plain language of the ACA.

The following organizations signed onto the NHeLP brief: California Pan-Ethnic Health Network, Center for Public Representation, Communication First, Disability Rights Education and Defense Fund, Disability Rights Washington, Justice in Aging, Legal Voice, National Council on Interpreting in Health Care, Public Citizen Foundation, and SAGE.

The National Health Law Program advocates, educates, and litigates at the federal and state levels to protect and advance health care access and the civil rights of low-income people and other underserved groups.

For additional information contact: Andrew DiAntonio, Director of Communications [email protected]

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