Non-Discrimination Provisions of the Affordable Care Act (S.2706)
- Prohibits health insurer discrimination against any healthcare provider acting within the scope of the state license.
- Provisions effective Jan. 1, 2014
- Law does not impose “any willing provider” requirements (insurers are not obliged to contract with any healthcare provider).
- The Department of Health and Human Services (DHHS) is responsible for providing guidelines on the implementation.
(HHS guidelines of spring 2013 were deemed by the US Senate to misconstrue Congressional intent and were ordered to be re-written. The update was made in May 2015.)
- Implementing these provisions is the responsibility of each state’s health insurance regulatory authority (as determined in each state).
- The Congressional intent for these provisions has been acted upon favorably by state regulators in one instance (Oregon, April of 2017. An account is here) since the law went into effect.