Section 1557 Protections

On June 12, 2020, the Trump Administration issued a final rule amending the Administration’s interpretation of sex-based discrimination under existing civil rights law to only include discrimination based on biological sex for the purposes of Section 1557 of the Affordable Care Act. Section 1557 provides recourse through the Department of Health and Human Services’ Office for Civil Rights for patients of certain protected classes who feel that they have been discriminated against by a provider, facility, or insurer. Based on the Association’s vision of Health for All, PAEA opposes the finalization of this rule and supports a definition of sex-based discrimination that includes gender identity.