HHS rescinds guidance on expanded nondiscrimination protections
The Department of Health and Human Services (HHS) rescinded multiple informal guidance documents, including “Notification of Interpretation and Enforcement of Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972”, which expanded the protections of Section 1557, a critical provision of the ACA that prohibits discrimination in covered health programs on the basis of sex. The rescinded guidance applied Supreme Court precedent to make clear that Section 1557 prohibits discrimination on the basis of sexual orientation and gender identity.