Section 1557 is the civil rights provision of the
Affordable Care Act, and it is the first federal civil
rights law to broadly prohibit sex discrimination in
health programs and activities. This regulation
applies to employer groups that offer self-funded*
and fully insured health coverage to their
employees.

As of October 18, 2016, all significant documents
and communication to health plan members are
required to include the following to comply with
Section 1557:

• A nondiscrimination statement or notice
• Language assistance taglines
• Grievance procedures

For plan years beginning on or after January 1,
2017, the following is required to be in compliance
with Section 1557:

• Equal access to health care and health insurance coverage must be provided without discrimination based on sex, including pregnancy, gender identity, or sex stereotypes.
• Individuals must be treated consistent with their gender identity.
• Sex-specific services cannot be denied solely because the gender identity of an individual does not match the sex of the individuals who usually receive those services.
• A categorical exclusion for health care services related to gender transition is prohibited.