42 U.S.C. § 18116

Nondiscrimination

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(a) In general

Except as otherwise provided for in this title 11 See References in Text note below. (or an amendment made by this title),1 an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), or section 794 of title 29, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, or under any program or activity that is administered by an Executive Agency or any entity established under this title 1 (or amendments). The enforcement mechanisms provided for and available under such title VI, title IX, section 794, or such Age Discrimination Act shall apply for purposes of violations of this subsection.

(b) Continued application of laws

Nothing in this title ¹ (or an amendment made by this title) ¹ shall be construed to invalidate or limit the rights, remedies, procedures, or legal standards available to individuals aggrieved under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.), title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.), section 794 of title 29, or the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or to supersede State laws that provide additional protections against discrimination on any basis described in subsection (a).

The Secretary may promulgate regulations to implement this section.

(Pub. L. 111–148, title I, § 1557, Mar. 23, 2010, 124 Stat. 260.)Editorial NotesReferences in Text

This title, referred to in subsecs. (a) and (b), is title I of Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 130, which enacted this chapter and enacted, amended, and transferred numerous other sections and notes in the Code. For complete classification of title I to the Code, see Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a) and (b), is Pub. L. 88–352, July 2, 1964, 78 Stat. 241. Titles VI and VII of the Act are classified generally to subchapters V (§ 2000d et seq.) and VI (§ 2000e et seq.), respectively, of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.

The Education Amendments of 1972, referred to in subsecs. (a) and (b), is Pub. L. 92–318, June 23, 1972, 86 Stat. 235. Title IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity in Education Act, is classified principally to chapter 38 (§ 1681 et seq.) of Title 20, Education. For complete classification of title IX to the Code, see Short Title note set out under section 1681 of Title 20 and Tables.

The Age Discrimination Act of 1975, referred to in subsecs. (a) and (b), is title III of Pub. L. 94–135, Nov. 28, 1975, 89 Stat. 728, which is classified generally to chapter 76 (§ 6101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6101 of this title and Tables.

Notes of Decisions

Cited in 248 cases (183 in the last 5 years), 2015–2026 · leading case: Cummings v. Premier Rehab Keller, 596 U.S. 212 (2022).

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Cummings v. Premier Rehab Keller, 596 U.S. 212 (2022). · cites it 5× “260 , 42 U. S. C. §18116 . Premier Rehab is subject to these statutes, which apply to entities that receive federal financial assistance, because it receives reimbursement through Medicare and Medicaid for the provision of some of its services.”

Callum v. CVS Health Corp., 137 F. Supp. 3d 817 (D.S.C. 2015). · cites it 12× “; violation of Section 1557 of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116 ; and various state common law torts.”

Franciscan All., Inc. v. Burwell, 227 F. Supp. 3d 660 (N.D. Tex. 2016). · cites it 9× “” 42 U.S.C. § 18116 (a); 45 C.F.R. § 92.4 .”

Bostock v. Clayton Cnty., 140 S. Ct. 1731 (2020). · cites it 2× “Section 1557 of the ACA, 42 U. S. C. §18116 , provides: “Except as otherwise provided for in this title (or an amendment made by this title), an individual shall not, on the ground prohibited under title VI of the Civil Rights Act of 1964 (42 U.”

Andrea Schmitt v. Kaiser Found. Health Plan, 965 F.3d 945 (9th Cir. 2020). · cites it 7× “OPINION NGUYEN, Circuit Judge: Section 1557 of the Patient Protection and Affordable Care Act (“ACA”), 42 U.S.C. § 18116 , prohibits covered health insurers from discriminating based on various grounds, including disability.”

John Doe v. Cvs Pharmacy, Inc., 982 F.3d 1204 (9th Cir. 2020). · cites it 3× “” Does assert the following claims against CVS and the Employer Defendants: (1) violation of the anti- discrimination provisions of the ACA, 42 U.S.C. § 18116 ; (2) violations of the ADA, 42 U.”

Brittany Tovar v. Essentia Health, 857 F.3d 771 (8th Cir. 2017). · cites it 4× “, and the Affordable Care Act (ACA), 42 U.S.C. § 18116 . The defendants moved to dismiss Tovar's claims, and the district court granted their motions.”

Se. Pennsylvania Transp. Auth. v. Gilead Sciences, Inc., 102 F. Supp. 3d 688 (E.D. Pa. 2015). · cites it 7× “” 42 U.S.C. § 18116 . Protected grounds include race, color, national origin, sex, age, and disability.”

Boyden v. Conlin, 341 F. Supp. 3d 979 (W.D. Wis. 2018). · cites it 5× “, the anti-discrimination provision of the Patient Protection and Affordable Care Act, 42 U.S.C. § 18116 ("ACA" or "Section 1557"), and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.”

Maxwell Kadel v. N.C. State Health Plan, 12 F.4th 422 (4th Cir. 2021). · cites it 5× “” 42 U.S.C. § 18116 (a). To remedy § 1557 violations, “[t]he enforcement mechanisms provided for and available under such title VI, title IX, section 794, or such Age Discrimination Act shall apply.”

Palacios v. Medstar Health, Inc., 298 F. Supp. 3d 87 (D.C. Cir. 2018). · cites it 5× “Department of Health and Human Service's ("HHS") Office for Civil Rights, asserting that the hospital's actions violated the anti-discrimination provision in section 1557 of the Patient Protection and Affordable Care Act ("Affordable Care Act") (codified at 42 U.S.C. § 18116 ).…”

John Doe v. Jami Snyder, 28 F.4th 103 (9th Cir. 2022). · cites it 3× “” 42 U.S.C. § 18116 (a). Given the similarity in language prohibiting sex discrimination in Titles VII and IX of the Education Amendment of 1972, the panel did not think Bostock could be limited in the manner the district court suggested.”

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— 42 U.S.C. § 18116(a) — 2 cases

Ryan v. UMass Mem'l Health (D. Mass. 2024).

Hammons v. Univ. of Maryland Med. Sys. Corp. (D. Maryland 2021).

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