CHA News

HHS Issues Proposed Rule on Nondiscrimination Protections in Health Care  

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The Department of Health & Human Services (HHS) has issued a proposed rule implementing the nondiscrimination provision of Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. California law is generally in line with the proposed rule’s protections.  

The proposed rule affirms protections against discrimination on the basis of sex, including sexual orientation and gender identity, consistent with the U.S. Supreme Court’s holding in Bostock v. Clayton County (2020), and reiterates protections from discrimination for seeking reproductive health care services. 

Additional information is available in an HHS fact sheet.