Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 45 - Public Welfare |
Subtitle A—Department of Health and Human Services |
SubChapter A—General Administration |
Part 92 - Nondiscrimination in Health Programs or Activities |
Subpart A - General Provisions |
§ 92.1 - Purpose and effective date.
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§ 92.1 Purpose and effective date.
provide for the enforcement of(a) Purpose. The purpose of this part is to
,implement section 1557 of the Patient Protection and Affordable Care Act
prohibiting discrimination under(ACA) (42 U.S.C. 18116),
Executivewhich prohibits discrimination on the basis of race, color, national origin, sex, age, and disability in certain health programs and activities. Section 1557 provides that, except as otherwise provided in title I of the ACA, an individual shall not, on the grounds prohibited under title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an
,executive agency
byor
,any entity established
Titleunder
such law, on the grounds of race, color, national origin, sex, age, or disability, except as provided in Title I of such law (or any amendment thereto). Section 1557 requires the application of the enforcement mechanisms under Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) for purposes of violations of Section 1557 and this parttitle I of
the ACA. This part applies to health programs or activities administered by recipients of Federal financial assistance from the Department, Department-administered health programs or activities, and title I entities that administer health programs or activities.
(b) Effective date. The regulations in this part are effective beginning July 5, 2024, unless otherwise provided in the following schedule:
Table 1 to Paragraph (b)
Section 1557
requirement and
provisionDate by which covered entities must comply § 92.7 Within 120 days of July 5, 2024. § 92.8 Within one year of July 5, 2024. § 92.9 Following a covered entity's implementation of the policies and procedures required by § 92.8, and no later than one year of July 5, 2024. § 92.10 Within 120 days of July 5, 2024. § 92.11 Within one year of July 5, 2024. § 92.207(b)(1) through (5) For health insurance coverage or other health-related coverage that was not subject to this part as of July 5, 2024, by the first day of the first plan year (in the individual market, policy year) beginning on or after January 1, 2025. § 92.207(b)(6) By the first day of the first plan year (in the individual market, policy year) beginning on or after January 1, 2025. § 92.210(b) and (c) Within 300 days of July 5, 2024.