H&W Section 1557 Reminder

Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). Here’s a summary:

Applies To:

Health benefits of certain employers that receive federal financial assistance and are principally engaged in health care (such as hospitals and nursing homes). Insurers that sell policies through the marketplace are also subject to this rule.


The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. The final rule includes a broad prohibition on policy exclusions related to gender transition or identity. However, on 12/31/16 a federal court issued an injunction prohibiting enforcement of the provisions concerning gender identity and termination of pregnancy. Watch the Compliancedashboard blog for updates on this issue.

Notice Requirement:

Covered entities must post notices of nondiscrimination and taglines that alert individuals with limited English proficiency to the availability of language assistance services.

Effective Date:

July 18, 2016. Changes to health plan benefit design (if required) have an applicability date of the first day of the first plan year on or after January 1, 2017.

Section 1557 is described in more detail in the Compliancedashboard activity and reference material.

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