News & Analysis as of

Americans with Disabilities Act (ADA) Patient Protection and Affordable Care Act (PPACA)

Bricker Graydon LLP

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

Bricker Graydon LLP on

As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...more

Groom Law Group, Chartered

HHS Updates Regulations Implementing Section 504 of the Rehabilitation Act

On May 9, 2024, the Biden Administration continued its push to update and modernize federal nondiscrimination protections by publishing revised regulations (the “Final Rule”) that amend the Department of Health and Human...more

Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

Haynsworth Sinkler Boyd, P.A.

Pregnant Workers Fairness Act and Interplay with Other Laws

As noted in our blog post on the passage of the Pregnant Workers Fairness Act (PWFA), the Act takes effect in June 2023. In preparation for compliance with the Act, employers should consider how the PWFA interacts with other...more

Constangy, Brooks, Smith & Prophete, LLP

SCOTUS will review religious accommodation standard

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Bracewell LLP

New Protections for Pregnant and Nursing Workers in 2023

Bracewell LLP on

On December 29, 2022, President Biden signed into law the Pregnant Workers Fairness Act (PWFA) and the Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act), expanding federal protections for both pregnant...more

Jackson Lewis P.C.

[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00...

Jackson Lewis P.C. on

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and...more

DarrowEverett LLP

An Ounce of Prevention… EEOC Releases New “Know Your Rights” Poster

DarrowEverett LLP on

In its first update since 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) has released a new “Know Your Rights” poster to replace its older “Equal Employment Opportunity is the Law” poster. As a refresher,...more

Tucker Arensberg, P.C.

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

Tucker Arensberg, P.C. on

​​​​​​​In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) (U.S. Supreme Court) concludes that damages for emotional distress are not recoverable under the Rehabilitation Act of 1973 and the...more

Mitratech Holdings, Inc

What is Human Resources Compliance, and Why is it Important?

Mitratech Holdings, Inc on

How to align your people, processes, and technology with ever-changing regulations and mandates. Amid shifting workplace policies, an ever-challenging hiring climate, and evolving regulations, Human Resources (HR)...more

Foley & Lardner LLP

It’s Time To Review Your Online Patient-User Interface: DOJ Issues New Federal Guidance on Telemedicine and Civil Rights...

Foley & Lardner LLP on

As online digital health services continue to enjoy broader use and appeal, federal regulators are concerned some telemedicine online patient-user interfaces fail to accommodate persons with disabilities and limited English...more

McDermott Will & Emery

HHS Issues Proposed Rule Under Section 1557 of the Affordable Care Act: Nondiscrimination in Health Programs and Activities

On August 4, 2022, the US Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (NPRM or proposed rule) to reinterpret section 1557 of the Affordable Care Act (ACA), which prohibits...more

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

FordHarrison

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

FordHarrison on

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more

Bowditch & Dewey

Emotional Distress Damages Not Recoverable Under Anti-Discrimination Statutes, Including Section 504, Title VI, and Title IX

Bowditch & Dewey on

The United States Supreme Court has ruled that emotional distress damages are not available in private actions pursuant to various anti-discrimination statutes authorized under the Spending Clause of the United States...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

Jackson Lewis P.C. on

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Greenbaum, Rowe, Smith & Davis LLP

HHS Issues Guidance Regarding Civil Rights Protections Under Rehabilitation Act and Affordable Care Act for Persons with...

What You Should Know •The HHS Office of Civil Rights has issued new guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. •The guidance is based on protections under...more

Mintz - Employment Viewpoints

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Parker Poe Adams & Bernstein LLP

Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

As many companies continue to struggle with low employee COVID-19 vaccination rates, some employers are evaluating imposing higher premiums for unvaccinated employees under their group medical plans. These employers see this...more

Seyfarth Shaw LLP

Section 1557 Protects Those Living with "Long COVID"

Seyfarth Shaw LLP on

Late last month, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.” In short,...more

DirectEmployers Association

OFCCP Week In Review: August 2021

“The history of the ADA did not begin on July 26, 1990, at the signing ceremony at the White House. It did not begin in 1988 when the first ADA was introduced in Congress. The ADA story began a long time ago in cities and...more

Smith Gambrell Russell

HHS and DOJ Issue Guidance on How Disability Nondiscrimination Laws Apply to Those Affected by “Long COVID”

Smith Gambrell Russell on

Some people who have had COVID-19 – even if the initial illness was mild – continue to experience symptoms that can last weeks or months after first developing COVID-19. People with this condition are sometimes called...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

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