![]() Reinstates the scope of Section 1557 to cover HHS’ health programs and activities.The Section 1557 Notice of Proposed Rulemaking (NPRM) seeks to address gaps identified in prior regulations in order to advance protections under this rule. Strengthening these rules is a significant achievement for the Biden-Harris Administration and promotes gender and health equity for communities of color, women, LGBTQI+ individuals, people with disabilities, persons with limited English proficiency (LEP), and older people. This proposed rule importantly solidifies protections against discrimination on the basis of sex including sexual orientation and gender identity consistent with the U.S. The previous version of this rule limited its scope to cover less programs and services limiting nondiscrimination protections. ![]() On July 25, 2022, HHS OCR issued a Notice of Proposed Rulemaking to revise its 1557 regulations. Issuance of the 2022 Notice of Proposed Rulemaking If voluntary compliance cannot be achieved, OCR can issue a formal findings letter and refer the case to DOJ or begin administrative proceedings to revoke federal funds. Depending on the scope of the changes required, complaints can be resolved through voluntary compliance letters or agreements requiring the recipient to develop policies, monitoring, notification, and training, which also resolve the specific incidents alleged in the complaint. When OCR identifies a violation or compliance concern, it will work with the recipient to achieve compliance with the law. If OCR determines that it has jurisdiction, OCR will investigate the complaint or, in some cases, refer the complaint to an agency with joint jurisdiction. Failure to provide consent, however, may make it difficult to investigate some aspects of the complaint. Consent is voluntary, and it is not always needed to investigate a complaint. In addition, during the complaint process, OCR will seek the complainant's consent to reveal his/her identity or identifying information, if necessary, to investigate the complaint. When investigating a complaint, OCR informs all recipients of the prohibition on retaliation.
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