In a decision that went unnoticed by many, in April of 2024, the Biden Administration signed into law the expansion of Section 1557 of the Affordable Care Act (ACA). This new nondiscrimination provision ensures that all Americans, regardless of their identity, have equal access to healthcare.
Originally established under the ACA in 2010, Section 1557 prohibits discrimination based on race, color, national origin, sex, age, or disability in health programs and activities receiving federal financial assistance. The 2024 expansion further strengthens these protections, explicitly including sexual orientation and gender identity as protected categories.
The updated Section 1557 incorporates several significant changes:
- Explicit Protections for LGBTQ+ Individuals: The inclusion of sexual orientation and gender identity ensures that LGBTQ+ individuals cannot be denied healthcare services or coverage based on their identity. This is a critical step in combating healthcare disparities and discrimination faced by LGBTQ+ communities.
- Strengthened Enforcement Mechanisms: The expansion introduces robust enforcement measures to ensure compliance. Healthcare providers and insurers are now held to higher standards, with increased oversight and accountability.
- Broader Scope of Coverage: The updated provision extends its reach to include all health programs and activities, whether they are directly funded by federal money or not. This ensures a wider net of protection for all Americans.
“This is not just a policy change; it is a reaffirmation of our values as a nation,” said Health and Human Services Secretary Xavier Becerra. “We believe in the dignity and worth of every individual, and we are dedicated to ensuring that our healthcare system reflects that belief.”
