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. 

In August 2022, the Biden Administration proposed changes to strengthen Sec. 1557 protections. The National Health Law Program and an intersectional coalition of partners published detailed analysis of the proposed rule and provide opportunities for public comment. We will provide updates regarding Sec. 1557 as they develop.