Final Rule on Nondiscrimination in Health Programs and Activities (SNF/AL)

The U.S. Department of Health and Human Services (HHS) Office for Civil Rights and the Centers for Medicare & Medicaid Services (CMS) recently issued a final rule, “Nondiscrimination in Health Programs and Activities,” to advance protections against discrimination in health care. The rule aims to restore protections against discrimination on the basis of race, color, national origin, sex, age and disability; reduce language access barriers; expand physical and digital accessibility, and tackle bias in health technology.

The rule applies to any health program or activity receiving federal funds from HHS, any program or activity administered under Title I of the Affordable Care Act, and health insurance marketplace participants that have received federal financial assistance. This means that nursing facilities and Medicare Advantage plans are subject to this rule. Assisted living communities could also be subject to the rule if they receive federal financial assistance, such as through participation with a Medicaid waiver program. The rule takes effect July 5, 2024. 

To assist members, AHCA/NCAL developed a summary highlighting the impact of the rule on long-term care providers. Please note that you will need your AHCA/NCAL member login information to view the summary. In addition, HHS posted a section 1557 regulation FAQ.