What remedy could an individual pursue if they experience a nondiscrimination violation by a health plan under ACA Section 1557?

• A. Sue the health plan
• B. Get tax credits
• C. Be denied coverage
• D. Be required to pay out-of-pocket

Answer: (A)

When a health plan violates nondiscrimination protections, the remedy is to pursue enforcement through the courts to obtain relief and accountability. ACA nondiscrimination provisions empower individuals to challenge discriminatory practices and seek remedies such as injunctive relief or damages through civil action. Suing the health plan directly addresses the wrongdoing and can compel changes in policy or behavior while providing potential remedies to the harmed person.

The other options don’t solve the discrimination itself: tax credits are a form of premium assistance and don’t remedy a discriminatory act; being denied coverage represents the discriminatory outcome rather than a means to fix it; and being required to pay out-of-pocket is the burden created by discrimination, not a remedy. It’s also worth noting there is a separate route to file a complaint with the relevant civil rights office for resolution, but the direct legal action against the plan is the primary remedy highlighted here.