HHS Proposes Rules for 1557 Covered Entities to Protect Abortion Rights and Strengthen Protections Against Individuals Based on Sexual Orientation and Gender Identity By: Andrew Silverio, Esq. On July 25, 2022, HHS announced a proposed rule that would strengthen the protections granted by Section 1557 of the ACA in various contexts. In line with the administration’s previous interpretations of the Supreme Court’s holding in Bostock v. Clayton County, HHS reinforces that 1557’s protections against discrimination based on “sex” extend to sexual orientation and gender identity. The administration’s desire to protect abortion rights is also clear, with HHS stating that 1557’s protections also apply to bar discrimination based on pregnancy and related conditions, which includes “pregnancy termination.” Per the proposed rule:
HHS is currently soliciting public comments, which are due 60 days after the publication of the proposed rule. The proposed rule itself is available at https://www.hhs.gov/sites/default/files/section-1557-nprm.pdf, with a fact sheet available at https://www.hhs.gov/civil-rights/for-individuals/section-1557/index.html.