ACS CAN Comments on Section 1557 proposed rule

October 4, 2022

The American Cancer Society Cancer Action Network (ACS CAN) appreciates the opportunity to comment on the Nondiscrimination in Health Programs and Activities (section 1557) proposed rule. ACS CAN is making cancer a top priority for public officials and candidates at the federal, state, and local levels. ACS CAN empowers advocates across the country to make their voices heard and influence evidence-based public policy change, as well as legislative and regulatory solutions that will reduce the cancer burden. As the American Cancer Society’s nonprofit, nonpartisan advocacy affiliate, ACS CAN is more determined than ever to end cancer as we know it, for everyone.

Having comprehensive and affordable health insurance coverage is a key determinant for surviving cancer. Research from the American Cancer Society shows that uninsured Americans are less likely to get screened for cancer and thus are more likely to have their cancer diagnosed at an advanced stage when survival is less likely and the cost of care more expensive.[1] This not only impacts the more than 1.9 million Americans who will be diagnosed with cancer this year, but also the 16.9 million Americans living today who have a history of cancer.[2]

ACS CAN applauds the Department of Health and Human Services (“HHS” or “the Department”) and the Office of Civil Rights (“OCR”) for promulgating updated regulations implementing the Section 1557 nondiscrimination provisions of the Affordable Care Act (ACA). We believe these regulations will help to reduce discrimination in health care. We offer comments on the following specific proposals:

  • Application (§ 92.2)
  • Notice of nondiscrimination (§ 92.10)
  • Notice of Availability of Language Assistance Services and Auxiliary Aids and Services (§ 92.11)
  • Meaningful Access for Limited English Proficient Individuals (§ 92.201)
  • Nondiscrimination in Health Insurance Coverage and Other Health-Related Coverage (§ 92.207)
  • Use of Clinical Algorithms in Decision-Making (§ 92.210)

[1] Zhao, J., Han, X., Nogueira, L., Fedewa, S.A., Jemal, A., Halpern, M.T. and Yabroff, K.R. (2022), Health insurance status and cancer stage at diagnosis and survival in the United States. CA A Cancer J Clin.  

[2] American Cancer Society. Cancer Facts & Figures 2022. Atlanta: American Cancer Society; 2022.