New CMS/OCR Rule Implements More Stringent Nondiscrimination Requirements

On May 6, CMS and Office of Civil Rights (OCR) issued a final rule promulgated pursuant to Section 1557 of the ACA as a regulatory attempt to instill further protections against discrimination in health care. Among the new rule’s objectives are a broadening of physical/digital accessibility, decreased presence of language access barriers, and reduction of bias in health technology. In a nod to the growing prominence of AI usage in health care, the rule clarifies that nondiscrimination in health programs and activities applies to the use of AI, predictive analytics, clinical algorithms, and other technology tools.