§ 92.2 - Application.

§ 92.2 Nondiscrimination requirementsApplication.

(a) Except as otherwise provided in Title I of the Patient Protection and Affordable Care Act (or any amendment thereto), an individual shall not, on any of the grounds set forth in paragraph (b) of this section, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any this part, this part shall apply to:

(1) Every health program or activity, any part of which

is receiving

receives Federal financial assistance

(including credits, subsidies, or contracts of insurance) provided by the U.S. Department of Health and Human Services; or under any

, directly or indirectly, from the Department;

(2) Every health program or activity administered by the Department

under such Title; or under any

; and

(3) Every health program or activity administered by

any entity established under such Title

a title I entity.

(b) The grounds are the grounds prohibited under the following statutes:

(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (race, color, national origin);

(2) Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) (sex);

(3) The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) (age); or

(4) Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) (disability).

provisions of this part shall not apply to any employer or other plan sponsor of a group health plan, including but not limited to, a board of trustees (or similar body), association or other group, with regard to its employment practices, including the provision of employee health benefits.

(c) Any provision of this part held to be invalid or unenforceable by its terms, or as applied to any person or circumstance, shall be severable from this part and shall not affect the remainder thereof or the application of the provision to other persons not similarly situated or to other, dissimilar circumstances.