On July 26, 2022, the Department of Health and Human Services (HHS) re-proposed its implementing regulations under Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. The July 2022 re-proposed regulations would reinstate certain requirements from the May 2016 final regulations (issued under the Obama administration), including provisions that define discrimination on the basis of sex to include discrimination based on gender identity.
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