Last year, the U.S. Department of Health and Human Services (HHS), the Office of Civil Rights (OCR), and the Centers for Medicare and Medicaid Services (CMS) released two new rules advancing protections against discrimination in health care. These rules apply to federally funded health programs and services, meaning nursing homes and ID/DD providers are subject to these final rules. Assisted living communities could be subject to these rules if they receive federal financial assistance (e.g., through a Medicaid waiver program).
They include:
- Nondiscrimination in Health Programs and Activities: This rule, which was effective July 5, 2024, restored protections against discrimination on the basis of race, color, national origin, sex, age, and disability.
- Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal Financial Assistance: This rule, which was effective July 8, 2024, focused specifically on protecting the civil rights of individuals with disabilities under section 504 of the Rehabilitation Act of 1973.
Some portions of the Nondiscrimination in Health Programs and Activities rule are effective July 5, 2025. Providers must take action to ensure compliance with these rules. To support members in understanding and complying with these new rules, AHCA/NCAL developed two resources exclusive to members (login required) outlining the regulatory impact and implementation dates: