45 C.F.R. § 92.5

Assurances required

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(a) Assurances. An entity applying for Federal financial assistance to which this part applies must, as a condition of any application for Federal financial assistance, submit an assurance, on a form specified by the Director, that the entity's health programs and activities will be operated in compliance with section 1557 and this part. A health insurance issuer seeking certification to participate in an Exchange or a State seeking approval to operate a State Exchange to which section 1557 or this part applies must, as a condition of certification or approval, submit an assurance, on a form specified by the Director, that the health insurance issuer's or State's health program or activity will be operated in compliance with section 1557 and this part. An applicant or entity may incorporate this assurance by reference in subsequent applications to the Department for Federal financial assistance or requests for certification to participate in an Exchange or approval to operate a State Exchange.

(b) Duration of obligation. The duration of the assurances required by this section is the same as the duration of the assurances required in the Department's regulations implementing section 504, 45 CFR 84.5(b).

(c) Covenants. When Federal financial assistance is provided in the form of real property or interest, the same conditions apply as those contained in the Department's regulations implementing section 504, at 45 CFR 84.5(c), except that the nondiscrimination obligation applies to discrimination on all bases covered under section 1557 and this part.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2020–2024 · leading case: Whitman-Walker Clinic, Inc. v. U.S. Dep't of Health & Human Servs. (D.D.C. 2020).

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Whitman-Walker Clinic, Inc. v. U.S. Dep't of Health & Human Servs. (D.D.C. 2020). “See 45 C.F.R. § 92.5 ; 85 Fed. Reg. at 37,202.”

Boston All. of Gay, Lesbian, Bisexual & Transgender Youth (BAGLY) v. United States Dep't of Health & Human Servs. (D. Mass. 2021). “37,202, 37,245 (codified at 45 C.F.R. § 92.5 (a)). III. Challenges to the 2020 Rule “Almost immediately [after Bostock], five cases sprung up seeking to prevent enforcement of the 2020 Rule and to revive various aspects of the 2016 Rule.”

Asapansa-Johnson Walker v. Azar II (E.D.N.Y 2020). “ 45 C.F.R. § 92.5 , which deletes a prior regulation’s authorization of compensatory damages in “appropriate administrative and judicial actions.”

McComb Childrens Clinic, LTD. v. Becerra (S.D. Miss. 2024). “112; 45 C.F.R. §§ 92.5 , 92.6, 92.7, 92.8, 92.”

The State of Texas v. United States Dep't of Health & Human Servs. (W.D. Tex. 2024). “(“Plaintiffs”) sued HHS, the OCR, and HHS Secretary Becerra in his official capacity (together, “Defendants”), alleging the Pharmacy Guidance required pharmacies to dispense abortion-inducing drugs as a condition of receiving federal 6 45 C.”

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