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HHS Ends Disparate Impact Standard in Discrimination Findings

Original: HHS’s Elimination of Disparate Impact to Determine Discrimination: Potential Implications for Health and Health Care

The Department of Health and Human Services has moved to eliminate disparate impact as a basis for determining discrimination, according to a KFF analysis. The change could affect how civil rights complaints are handled in health care, potentially limiting patients' ability to challenge policies that disproportionately harm racial minorities, people with disabilities, or other groups, even absent discriminatory intent. Health policy observers are assessing the implications for access to care and enforcement of nondiscrimination protections.

Why now: A major federal policy shift on civil rights enforcement in health care has just been announced.

Department of Health and Human ServicesKFF

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