Health and Human Services (HHS), the Office of Civil Rights (OCR) and the Centers for Medicare and Medicaid (CMS) have released two new rules advancing protections against discrimination in healthcare:
- Nondiscrimination in Health Programs and Activities: This rule, effective July 5, 2024, restores protections against discrimination on the basis of race, color, national origin, sex, age, and disability.
- Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance: This rule, effective July 8, 2024, focuses specifically on protecting the civil rights of individuals with disabilities under section 504 of the Rehabilitation Act of 1973.
These rules apply to federally funded health programs and services, meaning nursing homes and ID/DD providers are subject to these final rules. Assisted living communities could be subject to these rules if they receive federal financial assistance (e.g., through a Medicaid waiver program).
Providers must take action to ensure compliance with these rules. To support members in understanding and complying with these new rules, AHCA/NCAL has developed two resources exclusive to members (login required) outlining the regulatory impact and implementation dates: