Saint Louis University Journal of Health Law & Policy
Document Type
Student Comment
Abstract
Despite federal protections afforded by Title VI of the Civil Rights Act and Section 1557 of the Affordable Care Act, Americans still experience prohibited discrimination in health care on the basis of race, color, and national origin. The Department of Health and Human Services’ Office for Civil Rights (“HHS OCR”) investigates complaints and enforces protections when alleged discrimination occurs in health care covered entities receiving federal funding. The legal analyses produced in these investigations can be valuable tools for covered entities to utilize in their efforts to remain in compliance with civil rights laws, yet few are ever made public despite HHS OCR’s legal authority to publish them. Failing to publish these analyses minimizes HHS OCR’s commitment to protecting civil rights and wastes the high potential of its work to provide guidance to covered entities. HHS OCR can and should publish the results of its investigations to promote covered entities’ compliance with civil rights laws, and to meaningfully enforce the right of Americans to be free from health care discrimination based on race, color, or national origin.
Recommended Citation
16 St. Louis U. J. Health L. & Pol'y 129 (2022)