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Section 1557 of the Affordable Care Act (Section 1557) prohibits discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics), in covered, HHS-subsidized health programs or activities. See 42 U.S.C. §18116 et seq. HHS's new Section 1557 final rule became law on July 5, 2024. and contains many new requirements, such as for the first time, explicitly prohibiting discriminatory use of AI and other "patient care decision support tools" in health care decision-making.
In our webinar, we will discuss the new final rule, several key changes from current law, and best practices going forward. We will also examine the impact of the Loper-Bright decision overturning Chevron deference and Section 1557 court decisions to date that invoke the new SCOTUS approach to federal rulemaking.
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