FOR IMMEDIATE RELEASE:

July 28, 2022

MEDIA CONTACT: 

e: clarke.comms@mail.house.gov

c: 347.387.5123

Washington, D.C. — Today, Congresswoman Yvette D. Clarke released the following statement regarding a proposed rule from the U.S. Department of Health and Human Services (HHS) that prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities:

“For our nation to overcome the scourge of discrimination and inequities permeating through its very fabric, it is essential we acknowledge these crises will not be overcome through bandaid solutions. Targeted, comprehensive attacks against the foundational systems that allow these injustices to persist are not just necessary – they are our obligation. And there are few sectors with discriminatory practices as prevealent as the healthcare industry,” said Congresswoman Clarke. “This transformative proposed rule both restores and fortifies civil rights protections for patients and consumers in applicable health and HHS programs. Moreover, it will deliver progress to communities that have long deserved it.”

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, and reiterates protections from discrimination for seeking reproductive health care services. Strengthening this rule is part of the Biden-Harris Administration’s commitment to advancing gender and health equity and civil rights, as laid out in President Biden’s executive orders on Preventing and Combatting Discrimination on the Basis of Gender Identity or Sexual Orientation, Protecting Access to Reproductive Healthcare Services, and Advancing Racial Equity and Support for Underserved Communities.

The Section 1557 Notice of Proposed Rulemaking (NPRM) seeks to address gaps identified in prior regulations. In order to advance protections under this rule it: 

• Reinstates the scope of Section 1557 to cover HHS’ health programs and activities.
• Clarifies the application of Section 1557 nondiscrimination requirements to health insurance issuers that receive federal financial assistance.
• Aligns regulatory requirements with Federal court opinions to prohibit discrimination on the basis of sex including sexual orientation and gender identity.
• Makes clear that discrimination on the basis of sex includes discrimination on the basis of pregnancy or related conditions, including “pregnancy termination.”
• Ensures requirements to prevent and combat discrimination are operationalized by entities receiving federal funding by requiring civil rights policies and procedures.
• Requires entities to give staff training on the provision of language assistance services for individuals with limited English proficiency (LEP), and effective communication and reasonable modifications to policies and procedures for people with disabilities.
• Requires covered entities to provide a notice of nondiscrimination along with a notice of the availability of language assistance services and auxiliary aids and services.
• Explicitly prohibits discrimination in the use of clinical algorithms to support decision-making in covered health programs and activities.
• Clarifies that nondiscrimination requirements applicable to health programs and activities include those services offered via telehealth, which must be accessible to LEP individuals and individuals with disabilities.
• Interprets Medicare Part B as federal financial assistance.
• Refines and strengthens the process for raising conscience and religious freedom objections.

While the Department is undertaking this rulemaking, both the statute and the current regulation are in effect. If you believe that you or another party has been discriminated against on the basis of race, color, national origin, sex, age, or disability, visit the OCR complaint portal to file a complaint online.

HHS encourages all stakeholders, including patients and their families, health insurance issuers, health care providers, health care professional associations, consumer advocates, and government entities, to submit comments through regulations.gov. 

Public comments on the NPRM are due 60 days after publication of the NPRM in the Federal Register.  The Department will also be conducting a Tribal consultation meeting on August 10, 2022, from 2:00 p.m. to 4:00 p.m. Eastern Daylight Time. To participate, you must register in advance at https://www.zoomgov.com/meeting/register/vJIsfu-rqzksEl2T8gUp_lDrWBqkU0223CY.

The NPRM may be viewed or downloaded at: https://www.hhs.gov/sites/default/files/section-1557-nprm.pdf.

A fact sheet on the NPRM is available in English and 16 languages at:  https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html

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Yvette D. Clarke has been in Congress since 2007. She represents New York’s Ninth Congressional District, which includes Central and South Brooklyn. Clarke is a Senior Member of both the House Energy and Commerce Committee and House Committee on Homeland Security, where she serves as Chair of the Cybersecurity, Infrastructure Protection, and Innovation Subcommittee.