Federal Law Reference for Women's Rights
HEALTHCARE
Federal law establishes protections against sex-based discrimination in healthcare, and sets minimum coverage and access standards. The Department of Health and Human Services and the Centers for Medicare & Medicaid Services are the primary agencies.
Section 1557 of the Affordable Care Act
42 U.S.C. § 18116
Prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs and activities. Applies to health programs receiving federal financial assistance, the Health Insurance Marketplace, and programs administered by HHS. Sex discrimination includes discrimination based on sex stereotypes.
Affordable Care Act — Sex Rating and Coverage Protections
42 U.S.C. § 300gg et seq.
Prohibits insurance companies from charging women more than men for the same coverage (sex rating) in the individual and small group markets. Also prohibits denying coverage or charging higher premiums based on pre-existing conditions, including pregnancy.
Medicare and Medicaid Coverage for Women
42 U.S.C. § 1395 (Medicare); 42 U.S.C. § 1396 (Medicaid)
Medicare provides coverage for mammograms, pap smears, bone mass measurements, and cardiovascular screenings for eligible women. Medicaid provides coverage for low-income individuals including pregnant women, with mandatory minimum benefits for pregnancy-related services.
Newborns' and Mothers' Health Protection Act of 1996
29 U.S.C. § 1185; 42 U.S.C. § 300gg-4
Requires group health plans and health insurance issuers to cover at least 48 hours of inpatient hospital care following a vaginal delivery and 96 hours following a cesarean section. Prohibits plans from restricting a mother's or newborn's hospital stay to less than these minimums.
Mental Health Parity and Addiction Equity Act (MHPAEA)
29 U.S.C. § 1185a
Requires that mental health and substance use disorder benefits be no more restrictive than medical/surgical benefits in group health plans. Relevant to women, who are disproportionately affected by depression, anxiety, and eating disorders.