Re: Nondiscrimination in Health and Health Education Programs or Activities, Docket No.: HHS-OCR-2019-0007

According to the Executive Summary published in the Federal Register related to the Proposed Rule, “Section 1557 of the Patient Protection and Affordable Care Act (‘PPACA’) prohibits discrimination on the basis of race, color, national origin, sex, age, or disability under any health programs or activity that receives Federal financial assistance, or under any program or activity that is administered by an executive agency under Title I of the PPACA or by an entity established under such Title.” 84 Fed.Reg. at 27847. NCLA abhors discrimination of any sort. For purposes of these comments, however, NCLA will focus upon the Title IX aspects of the PPACA and the Proposed Rule.

Title IX was enacted in 1972 and provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” 20 U.S.C. § 1681…

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