News & Analysis as of September 23, 2024

Disability Discrimination

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The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

King & Spalding on 8/1/2022

Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/20/2022

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on 5/18/2022

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

Jackson Lewis P.C. on 5/3/2022

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

Husch Blackwell LLP on 4/29/2022

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

Health Law Insights Newsletter - Issue 13

McCarter & English, LLP on 10/17/2016

McCarter & English, LLP’s Health Care Group presents Issue 13 of the Health Law Insights, which discusses the latest legal issues in the health care industry. - Failure to Update Business Associate Agreement Results in...more

HHS Issues Final Rule on ACA Nondiscrimination in Health Programs and Activities

Franczek P.C. on 6/23/2016

On May 18, 2016, the Department of Health and Human Services (“HHS”) issued final regulations interpreting the nondiscrimination provisions of Section 1557 of the Affordable Care Act (“ACA”). The rule mainly impacts insurers...more

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