On May 24, 2019, the U.S. Department of Health and Human Service (HHS) issued its proposed rule to revise the regulation implementing and enforcing Section 1557 of the Affordable Care Act (ACA), the Act’s Nondiscrimination provision. The press release can be found on HHS’s website here, and HHS’s fact sheet summarizing the proposed changes can be found here.
The proposed revisions are extensive, but include the following notable changes:
The proposed rule retains, however, most all of the current regulation’s protections for individuals with disabilities and individuals with Limited English Proficiency.
The proposed regulation can be found online here and was published in the Federal Register (84 FR 27846) on June 14, 2019. Comments from the healthcare industry and the public must be submitted by August 13, 2019. In the proposed regulation, HHS specifically asked for comments concerning whether it has struck the appropriate balance between the rights of individuals under federal law and the burdens imposed on covered entities with respect to discrimination against individuals with LEP and disabilities. HHS estimates that its proposed revisions would eliminate $3.2 billion in regulatory burdens imposed by the current regulation’s notice and tagline requirements.