May 21, 2021

ACA Section 1557 Enforcement News

On May 10, HHS announced that the narrow interpretation of sex discrimination the previous administration had used for purposes of the Affordable Care Act’s individual non-discrimination provision known as Section 1557 would be changed consistent with the Supreme Court decision in Bostock v. Clayton County. Instead, HHS OCR, the agency responsible for enforcing Section 1557, stated that it would interpret and enforce Section 1557’s prohibition on discrimination on the basis of sex to include sexual orientation and gender identity.