CMS Nondiscrimination, Accessibility, and Complaint Information

Accessibility & Nondiscrimination Notice

If you think you have been subjected to discrimination based on race, color, national origin, disability, sex, or age in a CMS funded or conducted program or activity, including experiencing issues with getting information in an accessible format from any Medicare Advantage Plan, Medicare Prescription Drug Plan, State or local Medicaid office or Marketplace Qualified Health Plan, you may file a discrimination complaint with the U.S. Department of Health and Human Services, Office for Civil Rights. There are three ways to file such a Title VI or Section 504 complaint:

1. Online
2. By phone: Call 1-800-368-1019. TTY users can call 1-800-537-7697.
3. In writing: Send information about your complaint to:
   Office for Civil Rights
   U.S. Department of Health and Human Services
   200 Independence Avenue, SW
   Room 509F, HHH Building
   Washington, D.C. 20201

Pursuant to Section 504 of the Rehabilitation Act of 1973, CMS provides free auxiliary aids and services including information in accessible formats like Braille, large print, data/audio files, relay services and TTY communications. If you request information in an accessible format from CMS, you won’t be disadvantaged by any additional time necessary to provide it. This means you will get extra time to take any action if there’s a delay in fulfilling your request.

To request Medicare or Marketplace information in an accessible format you can:

1. Call us:
   • For Medicare: 1-800-MEDICARE (1-800-633-4227). TTY: 1-877-486-2048
   • For the Health Insurance Marketplace: (1-800-318-2596). TTY: 1-855-889-4325
2. Email us: [email protected]
3. Send us a fax: 1-844-530-3676
4. Send us a letter:
   Centers for Medicare & Medicaid Services
   Offices of Hearings and Inquiries (OHI)
   7500 Security Boulevard, Mail Stop DO-01-20
   Baltimore, MD 21244-1850
   Attn: Customer Accessibility Resource Staff

Your request should include your name, phone number, type of information you need (if known) and the mailing address where we should send the materials. We may contact you for additional information.

Note: If you’re enrolled in a Medicare Advantage Plan or Medicare drug plan, contact your plan to request its information in an accessible format. For Medicaid, contact your State or local Medicaid office.

How to File a Section 508 Complaint

Individuals who are members of the public that wish to file a complaint pursuant to Section 508 of the Rehabilitation Act of 1973 in connection with electronic and communication technology procured, maintained, developed, or used by CMS may do so in one of Two ways:

1. Online
2. By Mail: Send information about your complaint to:
   Office for Civil Rights
   U.S. Department of Health and Human Services
   200 Independence Avenue, SW
   Room 509F, HHH Building
   Washington, D.C. 20201

CMS employees who wish to file a complaint pursuant to Section 508 of the Rehabilitation Act of 1973 in connection with electronic and communication technology procured, maintained, developed, or used by CMS in connection with their jobs may do so by contacting the CMS Office of Equal Opportunity and Civil Rights as follows:

1. By email: [email protected]
2. By mail: Send information about your complaint to:
   Section 508 Complaints Program
   CMS Office of Equal Opportunity and Civil Rights
   7500 Security Blvd, N3-22-16
   Baltimore, MD 21244

Architectural Barriers Act of 1968

Pursuant to the Architectural Barriers Act (ABA) of 1968, facilities must be accessible if they’re designed, built, altered, or leased with federal funds. The U.S. Access Board has accessibility standards and enforces the ABA.

Filing an Architectural Barriers Act Complaint

If you believe that a Centers for Medicare & Medicaid Services facility doesn’t comply with the ABA, you can file a complaint with the U.S. Access Board.

Nondiscrimination in Employment

Federal laws prohibit discrimination against CMS employees, former employees, and applicants because of their race, color, religion, national origin, sex (including pregnancy, sexual orientation, and gender identity), age (40 years and older), disability, genetic information, and retaliation for prior EEO activity or opposing a discriminatory practice.  Current and former employees of CMS as well as applicants for employment may initiate an EEO complaint. Contact one of the EEO counselors listed on the EEO poster (PDF) or the CMS Office of Equal Opportunity and Civil Rights (OEOCR) within 45 calendar days of the date of the alleged discriminatory act. Failure to make timely contact may result in a loss of rights.

How to file an EEO Complaint (PDF)

Reasonable Accommodations for Employees and Applicants for Employment

Pursuant to Section 501 of the Rehabilitation Act of 1973, Federal agencies are required to provide reasonable accommodations to the known physical and mental limitations of employees and applicants for employment who are qualified individuals with disabilities unless doing so would constitute an undue hardship.  In addition, pursuant to Title VII of the Civil Rights Act of 1963, Federal agencies are required to reasonably accommodate employees whose sincerely held religious beliefs, practices, or observances conflict with a work requirement, unless doing so would impose an undue hardship on the agency.  CMS employees and applicants for employment wishing to request a disability-related or religious accommodation may do so by contacting the CMS Office of Equal Opportunity and Civil Rights at [email protected].

Section 1557 of the Patient Protection and Affordable Care Act

Pursuant to decisions by various district courts regarding the 2024 Final Rule implementing Section 1557, entitled Nondiscrimination in Health Programs and Activities, 89 Fed. Reg. 37,522 (May 6, 2024) (“2024 Final Rule”), provisions are stayed or enjoined as indicated below:  

1. In Florida v. Department of Health and Human Services, No. 8:24-cv-1080-WFJ-TGW (M.D. Fla.), the court stayed 45 C.F.R. 92.101(a)(2)(iv), 92.206(b), 92.207(b)(3)-(5), and 42 C.F.R. 438.3(d)(4), in Florida. OCR also may not enforce the interpretation of discrimination “on the basis of sex” in 45 C.F.R. 92.101(a)(2)(iv), 92.206(b), or 92.207(b)(3)-(5) in Florida. 
2. In Tennessee v. Becerra, No. 1:24cv161-LG-BWR (S.D. Miss.), the court stayed nationwide the following regulations to the extent they “extend discrimination on the basis of sex to include discrimination on the basis of gender identity”: 42 C.F.R. 438.3, 438.206, 440.262, 460.98, 460.112; 45 C.F.R. 92.5, 92.6, 92.7, 92.8, 92.9, 92.10, 92.101, 92.206-211, 92.301, 92.303, 92.304; and enjoined HHS from enforcing the 2024 Final Rule “to the extent that the final rule provides that ‘sex’ discrimination encompasses gender identity.” 
3. In Texas v. Becerra, No. 6:24-cv-211-JDK (E.D. Tex.), the court stayed nationwide the following regulations: 42 C.F.R. 438.3(d)(4), 438.206(c)(2), 440.262, 460.98(b)(3), 460.112(a); 45 C.F.R. 92.101(a)(2) (and all references to this subsection), 92.206(b), 92.207(b)(3)–(5).

Notices of appeal have been filed in all three cases.

CMS Compliance with Section 508 of the Rehabilitation Act

Pursuant to Section 508 of the Rehabilitation Act of 1973, CMS is committed to ensuring that the electronic and communication technology (ECT) CMS procures, maintains, develops, or uses is accessible to people with disabilities. If you encounter inaccessible content on this website, please contact the CMS Section 508 Team at [email protected], and if possible upload the material in question and/or include the URL.

What is Section 504 & how does it relate to Section 508?

Civil Rights for Individuals & Advocates