The U.S. Department of Health and Human Services (HHS) issued three new federal rules that will take effect this summer. Together, the rules protect rights, privacy and access related to reproductive health care, strengthen protections for people with disabilities, and further protect communities against health care discrimination on the basis of race, color, national origin, sex, age and disability.
Oregon health officials are highlighting the new rules to raise awareness about the expanded protections. On May 22, OHA Director Dr. Sejal Hathi welcomed Melanie Fontes Rainier, Director of the Federal Office of Civil Rights (OCR), to Oregon for a roundtable discussion with regional HHS leaders and community partners to discuss the new rules and what they mean for the people of Oregon.
“Expanding access to health care, advancing civil rights protections, and promoting equity for every person is a key priority of the Biden-Harris Administration – from upholding nondiscrimination, to ensuring language access, to safeguarding reproductive privacy, and more,” said Director Fontes Rainer. “I am delighted to continue collaborating with our partners in Oregon to advance our common goals in serving our communities and uplifting our neighborhoods, free from discrimination and fear in health care.”
RULE 1 – Nondiscrimination in Health Programs and Activities
- Strengthens protections against discrimination in health care by expanding digital and physical accessibility requirements and addressing potential biases in health technology
This rule updates Section 1557 of the Affordable Care Act (ACA), prohibiting discrimination on the basis of race, color, national origin, sex, age or disability, or any combination thereof, in any health program or activity which receives federal financial assistance.
It also clarifies that entities covered by the rule take steps to identify and mitigate discrimination when they use artificial intelligence (AI) and other support tools to make decisions about patient care.
Learn more about the new rule, which takes effect in stages beginning July 5, here.
RULE 2 – Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance
- Advances equity and bolsters protections for people with disabilities under Section 504 of the Rehabilitation Act
This rule, which takes effect in July, ensures that medical treatment decisions are not based on negative biases or stereotypes about individuals with disabilities. It defines what accessibility means for websites and mobile applications, and it adopts standards for accessible medical diagnostic equipment among other changes.
Learn more about the rule here.
RULE 3 – HIPAA Privacy Rule to Support Reproductive Health Care Privacy
- Strengthens HIPAA (Health Insurance Portability and Accountability Act) by ensuring health information related to legal reproductive health care remains protected
This rule aims to protect access to and privacy of reproductive health care after the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization led to state abortion bans and other restrictions on reproductive freedom in 21 states. The rule goes into effect June 25.
If you believe that a HIPAA-covered entity violated your health information privacy rights or committed another violation of the Privacy, Security, or Breach Notification Rules, you may file a complaint with the HHS Office for Civil Rights here.
Learn more about the rule here.
These important rules are HHS’s latest actions related to Executive Order 14091, titled Further Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.
Check out the HHS Office of Civil Rights website for more information for providers and patients.