The Biden Administration’s and HHS’s Plan to Advance Health Care Equity

President Biden issued Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government (Govt Order) on inauguration day in 2021, signalizing the Administration’s intent to advance well being care fairness and racial justice in the USA by minimizing the affect of the social determinants of well being. The Govt Order mobilized 90 federal businesses and 50 impartial businesses to consider and implement motion plans to scale back systemic limitations to entry.[1] On April 14, 2022, the U.S. Division of Health and Human Companies (HHS), printed the HHS Equity Action Plan (Motion Plan).

The Motion Plan summarized HHS’s early accomplishments implementing the Govt Order and recognized further initiatives associated to well being fairness, such because the Workplace of Local weather Change and Health Equity, fairness affect assessments for the legislative course of, and the CMS Workplace of Minority Health’s Health Equity Stock. The Motion Plan recognized 5 kinds of limitations for equitable outcomes and specified concrete steps to mitigate these limitations together with medium time period (2-4 years) and long-term (5-8 years) progress measures. The 5 limitations are:

  1. Nondiscrimination in HHS: Civil Rights Protections and Language Entry—This space focuses on growing significant entry to Medicare, Medicaid, and different federally assisted applications for Restricted English proficiency. HHS will implement a Language Entry Plan overseen by the Workplace of Civil Rights. The aim is to develop and implement a steady high quality enchancment course of that identifies finest practices, treatments LEP complaints in opposition to HHS, and fosters an HHS-wide “culture change that prioritized equity in the delivery of HHS conducted and funded programs . . . .”

  2. Acquisitions—HHS recognized systemic limitations for underserved communities and their members when making use of for contracting alternatives, reminiscent of brief timelines, lack of transparency on out there alternatives, and lack of ample entry to capital to set up enterprise growth capabilities. To deal with this, HHS will present coaching and outreach for small deprived companies. HHS additionally will centralize a procurement forecasting system to streamline entry to alternatives so small deprived enterprise are knowledgeable about alternatives early and have time to develop proposals.

  3. Grants—HHS decided that there’s a lack of variety in grant candidates and awardees. That is attributable to “overly burdensome provisions in the Notices of Funding Opportunity (NOFOs),” unclear NOFOs, and a scarcity of technical help for candidates. HHS is implementing advisable adjustments to present extra technical help and clearer language.

  4. Capability Constructing—HHS recognized a recognized unknown: lack of adequate information and fairness evaluation capability to determine and handle inequities. To treatment this, every working division inside HHS will conduct an fairness evaluation. An Equity Technical Help Heart will develop assets to help with the fairness assessments and handle their findings.

  5. Maternal Health—Proof exhibits that African American, Native American, and Alaskan Native girls undergo larger charges of maternal mortality. Likewise, underserved communities obtain decrease charges of postpartum care. HHS is working to broaden postpartum care through CHIP and Medicaid and figuring out methods to enhance such care. For instance, HHS is encouraging states to undertake the state plan possibility supplied below the American Rescue Plan (which would supply people with 12 months of postpartum protection, reasonably than the required 60-day protection interval postpartum).

On April 20, 2022, CMS introduced its  technique to advance well being fairness, which is meant to have interaction all CMS Facilities and Places of work to determine its present well being fairness standing and “respond to inequities in health outcomes, barriers to coverage, and access to care.”[2] This consists of collaborating with well being care services, suppliers, insurers, pharmaceutical firms, people experiencing well being inequity, researchers, and different stakeholders to additional its mission, whereas additionally encouraging well being care leaders to advance well being fairness.

Bolstering its place on advancing well being fairness and decreasing maternal mortality, CMS issued a proposed rule for inpatient and long-term hospitals. The following proposals are meant to handle well being fairness:

  1. The following well being fairness measures are included within the proposed rule: evaluation of a hospital’s dedication to advancing well being fairness and delivering extra equitable well being care, and figuring out affected person health-related social wants (e.g., transportation wants, meals insecurity, housing instability, and many others.) in order that hospital’s can appropriately reply and deal with sufferers extra holistically.

  2. Stakeholder enter on social determinants of well being, particularly as they relate to homelessness.

  3. A “Birthing-Friendly” hospital designation and further high quality measure reporting to enhance maternal well being outcomes. Such actions are meant to incentivize hospitals to advance well being fairness because it relates to maternal well being since shoppers can be empowered to select hospitals that display a dedication to well being care high quality, fairness, and security for pregnant and postpartum sufferers. It’s anticipated that information will first be submitted by hospitals in Could 2022 (for publication by CMS in fall 2022 for information factors throughout October 2021-December 2021), and that the “Birthing-Friendly” hospital designation shall be out there starting in fall 2023 (the standards for which shall be additional developed).[3]

HHS and its parts, together with CMS, will repeatedly reevaluate its insurance policies, applications, and processes to advance well being fairness in the course of the Biden Administration, and on an indefinite foundation if the Govt Order shouldn’t be outdated by subsequent Govt Order(s) in a subsequent Administration. Thus, stakeholders ought to stay vigilant to be certain that their requirements align with any legal guidelines, laws, or pointers promulgated by the federal government. The Administration’s new proposed rulemaking on ACA Part 1557 is anticipated to be printed within the coming months. That rulemaking possible will handle language entry necessities and broaden the attain of Part 1557’s nondiscrimination necessities as a part of the Administration’s well being fairness efforts.


[1] Advancing Equity and Racial Justice Through the Federal Government | The White House

[2] CMS Outlines Strategy to Advance Health Equity, Challenges Industry Leaders to Address Systemic Inequities | CMS

[3] CMS Proposes Policies to Advance Health Equity and Maternal Health, Support Hospitals | CMS

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