Section 1557

Sec. 1557 of the Affordable Care Act provides important protections against discrimination in health care programs and activities based on race, color, national origin (including limited English proficiency and primary language), sex (including pregnancy status and related conditions, sexual orientation, gender identity, sex stereotypes, and sex characteristics, including intersex traits), age, and disability.

The National Health Law Program helped craft Sec. 1557 as part of our work on the Affordable Care Act and we have continued to work to effectively implement and enforce it since it was enacted. It is a crucial provision that prohibits discrimination in health programs and activities receiving federal financial assistance, health programs and activities administered by federal agencies, and ACA health insurance marketplaces and issuers that participate. 

Earlier this spring, the Biden-Harris administration finalized changes to the regulations governing Section 1557 of the Affordable Care Act (ACA). These revisions, aimed at fortifying and reinstating nondiscrimination regulations, champion protections from health care discrimination for underserved communities. We celebrate the Biden-Harris administration’s robust implementation and enforcement of Section 1557’s protections. Discrimination has no place in health care, and we continue our work to secure access to care, free from any discrimination or prejudice.

This milestone achievement reflects the unwavering commitment of the Biden-Harris administration to eradicate discrimination from our health care system. The rule’s finalization is a testament to the collaborative efforts of advocates, policymakers, and health care entities dedicated to fostering an inclusive and equitable health care landscape for millions of people.