Exemption from ACA Section 1557 Non-Discrimination Rules (August 8, 2019)

Health Care

The Church Alliance submitted a comment letter to the Department of Health and Human Services (HHS) on August 13, 2019 in support of its proposed rule on Nondiscrimination in Health and Health Education Programs and Activities.  The proposed rule would provide that ERISA-governed self-insured health plans are not subject to Section 1557 (non-discrimination requirements of the Patient Protection and Affordable Care Act) unless they receive HHS assistance or are principally engaged in the business of providing health care.  Our comments requested that the same exemption be applied to self-insured health plans that are not governed by ERISA (e.g., church welfare plans) and otherwise supported the content of the proposed rule.