Question

Which of the following would be considered permissible under Section 1557 and the 2020 Final Rule?

a. Blackheart Agency determines it will require all female members to pay an additional $20 copay for any wellness visit.
b. Broker Charles Lee has recruited a diverse workforce. Broker Lee requires agents to work only in areas populated by those of their ethnic backgrounds.
c. Broker Mary Jones has recruited a diverse workforce. She encourages her agents to prospect through community-based marketing and within their community of influence.
d. John Smith refuses to accept an application from an individual of a different race.

Answer 1

Under Section 1557 and the 2020 Final Rule, Broker Mary Jones' actions of recruiting a diverse workforce and encouraging community-based marketing would be permissible. This scenario suggests leveraging diversity in a non-discriminatory manner, aligning with the rule's intent to prevent discrimination in health-related programs and activities.

Step-by-step explanation:

The question revolves around understanding which actions are permissible under Section 1557 and the 2020 Final Rule. These rules are designed to prevent discriminatory practices in certain health programs and activities. Let's analyze the given scenarios against the backdrop of these regulations and general market forces that discourage discrimination.

For scenario (a), a flower delivery business recognizing a diverse customer base, the bigoted owner has a profit incentive to serve all customers, regardless of race, to maximize sales and grow the business. In scenario (b), an assembly line struggling to find qualified workers has a practical incentive to expand its hiring pool to include women and minorities to fulfill workforce needs, thus promoting a more diverse workforce. Lastly, (c) addresses a home health care firm whose owner wishes to discriminate based on ethnicity; however, market forces and laws promote equal pay for equal work to attract and retain competent employees.

Using these principles, evaluating the original question scenario options, it appears that scenario (c), where Broker Mary Jones has recruited a diverse workforce and encourages her agents to market within their influence circles, would be permissible under Section 1557 and the 2020 Final Rule as it seeks to leverage diversity without explicit discriminatory practices.

Answer 2

c. Broker Mary Jones has recruited a diverse workforce. She encourages her agents to prospect through community-based marketing and within their community of influence.

Step-by-step explanation:

Section 1557 is an anti-discrimination provision of the Affordable Care Act (ACA, also known as Obamacare), which provides nondiscrimination protections in health care and helps the people to receive federal funding against discrimination on the basis of sex, race, color, national origins or age. The objective of Section 1557 is to prohibit entities from segregating people or denying health care depending on an individual's color, race, national origins, etc.