Disclaimers
You need to be aware of these training disclaimers. These disclaimers apply to every course in the training.
Assister Training Content:
The information provided in this training isn’t intended to take the place of the statutes, regulations, and formal
policy guidance that it’s based upon. This training summarizes current policy and operations as of the date it was
uploaded to the Marketplace Learning Management System (MLMS). Links to certain source documents have
been provided for your reference. We encourage you to refer to the applicable statutes, regulations, and other
interpretive materials for complete and current information.
This training includes references and links to nongovernmental third-party websites. The Centers for Medicare &
Medicaid Services (CMS) offers these links for informational purposes only, and inclusion of these websites
shouldn’t be construed as an endorsement of any third-party organization's programs or activities.
Coronavirus (COVID-19):
This training doesn’t address COVID-19-related guidance or related requirements for assisters. CMS will
communicate applicable information to assisters and assister organizations through separate channels.
• To learn more about how we're responding to coronavirus, visit HealthCare.gov/coronavirus.
• For preventive practices and applicable state/local guidance, visit CDC.gov/coronavirus.
Section 1557 of the Affordable Care Act (ACA):
Section 1557 of the ACA is a nondiscrimination provision that prohibits discrimination based on disability, race,
color, national origin (including limited English proficiency), sex (including sexual orientation and gender identity),
and age in covered programs and activities.
As of May 10, 2021, the Department of Health and Human Services (HHS) will interpret and enforce Section
1557’s prohibition on discrimination on the basis of sex to include: (1) discrimination on the basis of sexual
orientation; and (2) discrimination on the basis of gender identity, consistent with Title IX of the Education
Amendments of 1972 and the Supreme Court’s decision in Bostock v. Clayton County, GA (140 S.Ct 1731
(2020)). A court has set aside HHS’s inclusion of sexual orientation and gender identity under Section 1557, as
applied to certain healthcare providers. That decision is on appeal by the agency. See Neese v. Becerra, 2:21-
CV-163-Z (N.D. Tex.), appeal pending No. 23-10078 (5th Cir.). Please consult with counsel if you have questions
on whether a healthcare provider is covered by the decision.
On August 4, 2022, HHS issued a Notice of Proposed Rulemaking on Section 1557 to revise the 2020 Final Rule
by proposing to reinstate robust regulatory protections from discrimination on the basis of race, color, national
origin (including limited English proficiency), sex (including sexual orientation and gender identity), age, or
disability in covered health programs and activities.