ACA Section 1557 

Nondiscrimination in Health Programs & 

Activities

Section 1557 of the Affordable Care Act builds on existing federal civil rights laws to 

prohibit covered entities from discriminating against individuals participating in certain 

health programs or activities on the basis of race, color, national origin, sex, age, or 

disability.

Special Update: 

On December 31, 2016, a nationwide injunction was issued prohibiting 

enforcement of Section 1557's nondiscrimination rules classifying gender identity and 

termination of pregnancy as "sex" discrimination. It is unclear at this time what the 

outcome of the litigation will be. However, all other provisions of Section 1557 and the 

regulations thereunder are currently effective. Covered entities with questions on how to 

proceed regarding the administration of benefits are advised to contact a knowledgeable 

employment law attorney.

This page features information on the following aspects of the law:

• Effective Dates 
• Who is Covered  
• Protections 
• Notice & Tagline Requirements 
• Penalties  
• Additional Resources 
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Effective Dates

While section 1557 has been in effect since its enactment in 2010, a final rule implementing 

section 1557 became effective July 18, 2016. Certain notice requirements addressed in the 

final rule (discussed below) became effective October 16, 2016.

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