Alerts9.23.24

Section 1557, Title IX Changes Could Lead to Balancing Act for Religiously Affiliated Universities

Section 1557, Title IX Changes Could Lead to Balancing Act for Religiously Affiliated Universities

Highlights

The new ACA Section 1557 Final Rule adopts Title IX’s definition of sex discrimination

Due to current litigation, there is ambiguity regarding if the definition of sex discrimination under Title IX, which includes gender identity, is enforceable against covered university health plans 

Religiously affiliated covered entities may be exempt from the Section 1557 provisions involving discrimination on the basis of gender identity


The Biden administration recently promulgated final rules implementing Section 1557 of the Affordable Care Act and Title IX. Both sets of regulations aim to address discrimination based on gender identity.

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