On May 10, 2021, the U.S. Department of Health and Human Services (HHS) announced that the Office for Civil Rights (OCR) will interpret and enforce Section 1557 of the Affordable Care Act (Section 1557) to prohibit discrimination based on sexual orientation and gender identity. Section 1557 prohibits discrimination based on race, color, national origin, sex (this now includes sexual orientation and gender identity), age, or disability in covered health programs or activities. Additionally, covered entities are prohibited from discriminating against consumers based on sexual orientation or gender identity.
Starting in 2018, the Affordable Care Act (ACA) will impose a 40 percent excise tax on the value of “excess benefits” under employer-sponsored health plans if it is not amended or repealed by then. The stated purpose of the tax is two-fold: to raise revenue to support other provisions of the ACA, and to reduce demand for high-cost employer-sponsored health coverage. This tax, referred to as the “Cadillac tax” or “tax on Cadillac plans,” is based on the theory that excessively generous health plans lead healthcare consumers to overuse their benefits, further driving up the costs of healthcare.