Employer Obligations Under New Nondiscrimination Rules: ACA Section 1557 and Requirements for Federal Contractors

Alston & Bird
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Two new regulations require some employers to make health plan design and administrative changes. While not all employers are subject to these requirements, those who are will need to review their plans and be aware of other obligations these rules impose.

The first regulation relates to Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination in certain health programs and activities on the basis of race, color, national origin, sex, age or disability. Although the statutory provision has been in effect since 2010, the Office of Civil Rights (OCR) within the Department of Health and Human Services (HHS) only issued detailed regulations this summer. These regulations contain specific requirements for employers who are subject to these rules.

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