The Obama administration announced a new rule barring discrimination in health care based on a number of different personal characteristics.

According to a statement from the Department of Health and Human Services, the new rule prohibits discrimination in health care based on “race, color, national origin, age, disability and sex” as well as pregnancy and gender identity.

The rule is the finalized version of a provision of the Patient Protection and Affordable Care Act (PPACA) that barred discrimination in health care based on sex. PPACA supporters touted that provision during the debate over the landmark health law in 2010 as a way to finally prohibit insurers from charging women more for coverage than men.

The entities affected by the rule include all insurers or providers that receive federal funds, either through programs such as Medicare and Medicaid, or through the PPACA insurance marketplace.

“A central goal of the Affordable Care Act is to help all Americans access quality, affordable health care. Today’s announcement is a key step toward realizing equity within our health care system and reaffirms this Administration's commitment to giving every American access to the health care they deserve," said HHS Secretary Sylvia Burwell.

The new rule also specifies certain accommodations of the disabled that will be required of health care providers, including access to facilities. They must also “provide meaningful access to individuals with limited English proficiency.”

The new rule notably does not reference sexual orientation, which the department acknowledged in its statement, saying that it was not clear whether the PPACA provision that bars gender-based discrimination could also be interpreted to include protections based on sexual preference.

“HHS supports prohibiting sexual orientation discrimination as a matter of policy and will continue to monitor legal developments on this issue,” said the statement.

The department also acknowledged potential exemptions to the rule for entities that claim the right to discriminate based on religious beliefs. The importance of that point was underscored Monday when the Supreme Court decided not to rule on a challenge from religious groups to the PPACA’s contraception mandate, ordering lower courts to try to seek a compromise between the federal government and the plaintiffs.

Instant Insights /

Obama administration issues new health care discrimination rule

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