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GAO-16-702R 1 (2016-06-02)

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G     A             U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-328104


June 2, 2016

The Honorable Lamar Alexander
Chairman
The Honorable Patty Murray
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate

The Honorable Fred Upton
Chairman
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives

Subject: Department of Health and Human Services, Office of the Secretary:
        Nondiscrimination in Health Programs and Activities

Pursuant to section 801 (a)(2)(A) of title 5, United States Code, this is our report on a
major rule promulgated by the Department of Health and Human Services (HHS), Office
of the Secretary entitled Nondiscrimination in Health Programs and Activities (RIN:
0945-AA02). We received the rule on May 13, 2016. It was published in the Federal
Register as a final rule on May 18, 2016. 81 Fed. Reg. 31,376.

The final rule implements section 1557 of the Patient Protection and Affordable Care
Act (PPACA) (Section 1557). Section 1557 prohibits discrimination on the basis of race,
color, national origin, sex, age, or disability in certain health programs and activities.
According to HHS, the final rule clarifies and codifies existing nondiscrimination
requirements and sets forth new standards to implement Section 1557, particularly with
respect to the prohibition of discrimination on the basis of sex in health programs other
than those provided by educational institutions and the prohibition of various forms of
discrimination in health programs administered by HHS and entities established under
title I of PPACA.

Enclosed is our assessment of HHS's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review of the
procedural steps taken indicates that HHS complied with the applicable requirements.


GAO-16-702R

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