The Biden Administration’s Final Rule on Section 1557 Non-Discrimination Regulations Under the ACA

This brief overviews the Biden Administration’s 2024 final rule implementing Section 1557 of the ACA, which is home to the law’s major nondiscrimination provisions. It provides a brief background on 1557 rulemaking and identifies key differences between this rule and the 2020 rule from the Trump Administration. It highlights two areas of growing interest impacted by the rule – nondiscrimination protections related to pregnancy and nondiscrimination protections for transgender people. Table 2 summarizes the major provisions of the new final rule with side-by-side comparison to the Obama (2016) and Trump (2020) administration rules.