How pandemic, political shifts have affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

Background on ACA Section 1557

ACA Section 1557 is a multilayered approach prohibiting discrimination based on color, national origin, sex, age, and disability in health programs or “activities that receive federal financial assistance or are administered by an executive agency or an entity established under Title 1 of the [ACA].” It prohibits discrimination in both the provision of healthcare as well as insurance coverage.

Since the ACA became effective in 2010, the Office of Civil Rights (OCR) has initially investigated Section 1557 violations. The statute imposes several requirements to prevent discrimination in employee health benefits on any basis covered under the rules.

Since the ACA was implemented, it has been subjected to litigation, and various parts of it have ebbed, flowed, or completely gone away. Depending on which president is in control or who gets appointed to serve on the OCR or other federal agencies, the nature of the enforcement can differ substantially.

Long-haul COVID and Section 1557