Today, following President Biden’s directive to ensure access to maternity care, the U.S. Department of Health and Human Services (HHS) is providing guidance to nearly 60,000 U.S. department stores, reminding their obligations under federal human rights law. The guide made it clear that as recipients of federal financial aid, including Medicare and Medicaid payments, the pharmacy is prohibited by law from discriminating on the basis of race, color, national origin, sex, age, and disabilities in their programs and activities. This includes the provision of prescribed medications; decisions about the appropriateness of medications designed for the patient; and advise the patient about the prescribed medications and how to take them. The measure is the latest step in HHS response to birth control.
“We are committed to ensuring that everyone has access to health care, without discrimination,” said Secretary Becerra. “This includes access to contraceptives for maternal health and other forms of care.”
Under Section 1557 of the Affordable Care Act (Section 1557), 42 U.S.C. 18116, federal grant recipients may not exclude a person from joining, depriving them of benefits, or subjecting them to discrimination based on sex and other factors (i.e. race, color, national origin, age, and disability) in them. programs and services. Under federal human rights law, pregnancy discrimination includes discrimination based on current pregnancy, past pregnancy, possible pregnancy or intended pregnancy, and medical conditions related to pregnancy or childbirth.
Read the guide here: https://www.hhs.gov/sites/default/files/pharmacies-guidance.pdf*
HHS is committed to ensuring that people can access reproductive health care, without discrimination. If you believe that your or someone else’s human rights have been violated, you may file a complaint with HHS at: https://www.hhs.gov/ocr/complaints/index.html.
Below is a list of actions HHS has taken in the days following the Supreme Court’s decision to ensure access to reproductive health care:
* People using assistive technology may not be able to fully access the information in these files. For assistance, contact the HHS Office for Human Rights at (800) 368-1019, TDD toll free: (800) 537-7697, or by email at OCRMail@hhs.gov.
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