The Affordable Care Act’s Anti-Discrimination Provisions Kick In

More than half a decade after its passage, the regulations implementing the Affordable Care Act’s (“ACA”) anti-discrimination protections are in effect as of July 2016.

Section 1557 of the ACA prohibits certain “covered entities” from discriminating on the basis of race, color, national origin, sex, age, or disability.

Doctors, hospitals, and healthcare plans that receive federal funding from the Department of Health and Human Services (“HHS”) are among the covered entities that are now prohibited from discriminating under the ACA.  In addition, these covered entities are required to post a notice demonstrating that they do not and cannot discriminate based on any of the factors listed above.

Enforcement of these anti-discrimination provisions will generally be handled by the HHS Office for Civil Rights.  However, failure to abide by the law could mean a loss of federal funding, or even prosecution by the Department of Justice.  Covered entities must take their responsibilities seriously and ensure they are in full compliance with the law.

For more information about what constitutes discrimination in violation of the ACA, the responsibilities of covered entities receiving federal funding, and dealing with enforcement please contact your Trust Fund counsel.

By Ryan Kadevari | November 2, 2016

Legal Developments