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B-336325 May 21, 2024 1 (2024-05-21)

handle is hein.gao/gaoqgl0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-336325
May 21, 2024
The Honorable Bernard Sanders
Chairman
The Honorable Bill Cassidy
Ranking Member
Committee on Health, Education, Labor, and Pensions
United States Senate
The Honorable Cathy McMorris Rodgers
Chair
The Honorable Frank Pallone, Jr.
Ranking Member
Committee on Energy and Commerce
House of Representatives
Subject: Department of Health and Human Services: 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) entitled
Nondiscrimination in Health Programs and Activities (RIN: 0945-AA17). We received the rule
on April 23, 2024. It was published in the Federal Register as a final rule on May 6, 2024.
89 Fed. Reg. 37522. The rule has a stated effective date of July 5, 2024, but provides various
applicability dates up to and including one year after the effective date.
According to HHS, this final rule implements the requirements of section 1557 of the Affordable
Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age, or
disability in certain health programs and activities. HHS states the rule also revises its
interpretation of whether Medicare Part B constitutes federal financial assistance for civil rights
enforcement purposes and amends provisions prohibiting sex discrimination.
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. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to
the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at
(202) 512-5992.
Shirley A. Jones
Managing Associate General Counsel

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