Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972
other · US Department of Health and Human Services · Rule · Published 2021-05-25 · Effective 2021-05-10 · 86 FR 27984
Document
Document number
2021-10477
Federal Register citation
86 FR 27984
CFR reference
45 CFR 86
Type
Rule
Action
Notification of interpretation and enforcement.
Category
other
Sub-agency
US Department of Health and Human Services
Publication date
2021-05-25
Effective date
2021-05-10
Abstract
This Notification is to inform the public that, consistent with the Supreme Court's decision in Bostock and Title IX, beginning May 10, 2021, the Department of Health and Human Services (HHS) will interpret and enforce section 1557 of the Affordable Care Act prohibition on discrimination on the basis of sex to include: Discrimination on the basis of sexual orientation; and discrimination on the basis of gender identity. This interpretation will guide the Office for Civil Rights (OCR) in processing complaints and conducting investigations, but does not itself determine the outcome in any particular case or set of facts.