Healthcare Providers Face New Anti-Discrimination Rules Under Expanded Federal Regulations

The U.S. Department of Health and Human Services made a significant decision concerning the non-discrimination protection in healthcare. The HHS final rule to take effect on July 5, 2024, will widely expand the rule to Medicare Part B providers that fall under the scope of Section 1557 of the Affordable Care Act.

The decision means that every healthcare provider that receives any form of federal financial assistance is to comply with a range of non-discrimination standards, including but not limited to race, color, national origin, sex, age, or disability After its application, the regulation most evidently extends the protection to the LGBTQI+ individuals, stating that sex-based discrimination includes both sexual orientation and gender identity.

“This final rule is a significant step towards ensuring equitable access to healthcare for all Americans,” stated an HHS spokesperson. “By extending these protections to Medicare Part B providers, we are holding a greater portion of the healthcare industry accountable for providing inclusive and respectful care.”

It is targeted to prevent discrimination in health care. The rule also tackles the issue of the constantly increasing use of artificial intelligence and clinical decision-support tools in health care. Thus, the providers must actively supervise and mitigate the potentially embedded discriminatory biases, ensuring patients’ care is timely and fair.

The final rule also expands the number of protected groups by making protections for individuals with disabilities and persons with limited English proficiency. Hence, healthcare providers are responsible for making reasonable accommodations and providing language assistance services without charge to ensure the equal receipt of services.

Moreover, all healthcare providers with 15 or more employees must designate a Section 1557 Coordinator and set up a grievance process to address discrimination-related claims. All in all, healthcare providers must create and enforce written policies and procedures to implement the aforementioned steps.

The healthcare industry is expected to further adopt these expanded regulations. Such a process may involve changes in policy, training, and technology implementation. Non-compliance will result in financial penalties and loss of federal funding. Therefore, adherence to these new standards will be necessary for all healthcare providers that receive federal financial assistance.

Thus, this final rule became an important step in the continuing process of making health care equitable and fair. It supported the commitment to protecting vulnerable populations and ensuring that all the people will not be discriminated against and will be provided with the help they need.

 

 


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