The U.S. Department of Health and Human Services (HHS) recently issued two final rules that modify existing regulations under Section 1557 of the Affordable Care Act and Section 504 of the Rehabilitation Act of 1973. These rules aim to address discrimination and accessibility in health care.

Section 1557 Rule

It is important to note that portions of the Section 1557 rule (*) were put on hold pending the outcome of legal challenges. Providers should monitor developments in these cases and adjust their compliance efforts accordingly.

• Prohibited discrimination based on pregnancy status, sexual orientation, gender identity, and sex characteristics is prohibited. (*)
• Clarification on when providers may exercise religious freedom and conscience objections. (*)
• Requirement to inform patients that language assistance services are available at no cost.
• Mandated telehealth accessibility for individuals with limited English proficiency.

Section 504 Rule

• Requirement to notify patients that accessibility services are available at no cost.
• Clarification that telehealth must be accessible to individuals with disabilities.
• Defined accessibility standards for websites and mobile applications.
• Required medical diagnostic equipment must comply with U.S. Access Board standards.
• Obligation for providers to identify and mitigate discrimination in clinical algorithms and AI tools.

Compliance Considerations for Providers

• Review and update non-discrimination policies and procedures as necessary.
• Provide staff training on the new requirements.
• Ensure the availability of language assistance services and accessibility services for patients.
• Evaluate the use of clinical algorithms and AI tools for potential discrimination.

Providers are advised to consult the full text of the rules and the latest HHS guidance to understand their specific compliance obligations.