{"id":355615,"date":"2016-04-04T10:41:57","date_gmt":"2016-04-04T15:41:57","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/civilrights\/discrimination\/age-discrimination-in-federally-funded-health-programs.html"},"modified":"2023-11-24T18:40:45","modified_gmt":"2023-11-24T23:40:45","slug":"age-discrimination-in-federally-funded-health-programs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/civilrights\/discrimination\/age-discrimination-in-federally-funded-health-programs.html","title":{"rendered":"Age Discrimination in Federally-Funded Health Programs"},"content":{"rendered":"\n
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Age Discrimination in Federally-Funded Health Programs<\/h1>\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Age discrimination (ageism) in healthcare is a growing concern. Ageism is discrimination based on a person’s age. One study<\/a> estimated that the annual health cost of ageism in the U.S. totals $63 billion. That includes over and undertreatment of common medical conditions. When healthcare providers have fears about aging and death, those fears can affect interactions with older adults.<\/p>\r\n

Federal law prohibits age-based discrimination in programs or activities receiving federal funding. This applies to federally-funded healthcare programs. The Office for Civil Rights<\/a> (OCR) of the U.S. Department of Health and Human Services (DHHS)<\/a> enforces federal nondiscrimination laws with respect to health care and human service providers receiving funds from DHHS. One such law is the Age Discrimination Act of 1975, a landmark civil rights law.<\/p>\r\n

This article discusses the Age Discrimination Act of 1975 and the Patient Protection and Affordable Care Act of 2010. It also provides examples of what is and isn’t age-based healthcare discrimination. The article also addresses how to file a complaint or private lawsuit.<\/p>\r\n

What is the Age Discrimination Act?<\/h2>\r\n

The Age Discrimination Act of 1975<\/a> is a national law barring discrimination based on age in programs or activities receiving federal financial assistance. The Age Discrimination Act applies to people of all ages. It doesn’t cover employment discrimination<\/a>. Instead, the Age Discrimination in Employment Act<\/a> (ADEA) applies to employment practices and programs, both in the private and public sectors, including local governments. The ADEA applies only to people over age 40.<\/p>\r\n

The Age Discrimination Act and DHHS age regulation (found at 45 CFR Part 91<\/a>) apply to each DHHS recipient. The Age Discrimination Act contains exceptions that permit, under limited circumstances, the use of age distinctions or factors other than age that may have a disproportionate effect on the basis of age.<\/p>\r\n

What is the Patient Protection and Affordable Care Act?<\/h2>\r\n

The Patient Protection and Affordable Care Act of 2010<\/a> is another non-discrimination law that applies in the healthcare setting. The law bars discrimination on the basis of:<\/p>\r\n