Section 1557: Comply Now and Watch for Future Developments

The first set of compliance deadlines has passed for the final rule issued in May 2024 for Section 1557 of the Patient Protection & Affordable Care Act (“Section 1557”). Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in any health programs or activities that receive Federal financial assistance.[1] Section 1557 applies long-standing civil rights legislation to patients receiving services from health care entities, such as hospitals, skilled nursing facilities, hospice, home care, and physician offices. Beginning November 4, 2024, covered entities must provide and post the Notice of Nondiscrimination in the four following ways: on an annual basis; upon request; in clear and prominent physical locations, in no smaller than 20-point sans serif font, where the covered entity interacts with the public; and in a “conspicuous” location on the covered entity’s homepage of its website. Covered entities with fifteen (15) or more employees must appoint a Section 1557 Coordinator. The remaining compliance deadlines for the Section 1557 regulations fall in 2025.

Although we anticipate changes to the regulations implementing Section 1557 with the upcoming change in Presidential Administration, compliance with Section 1557 is still required. In May of 2020, the Trump Administration issued a final rule regarding Section 1557,[2] which might provide some insight into future compliance obligations. Covered entities should monitor developments to determine compliance obligations in 2025 and beyond.

If your organization needs assistance with implementing the current requirements to comply with Section 1557, Baird Holm’s Updated Section 1557 Manual and recorded webinar are available for purchase. Contact Erin E. Busch at ebusch@bairdholm.com for more information.