Affordable Care Act, Title IX

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on 8/1/2024

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Religious Institutions Update: March 2023

Holland & Knight LLP on 3/31/2023

Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

Tucker Arensberg, P.C. on 10/21/2022

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

Doe v. University of Missouri

TNG Consulting on 9/15/2022

In our ATIXA newsletter in May 2022, we briefly analyzed a Supreme Court decision, Cummings v. Premier Rehab, in which the Court held that plaintiffs may not recover emotional distress damages under the discrimination...more

HHS Proposes Rule Strengthening Section 1557 Protections Against Nondiscrimination in Health Activities

BakerHostetler on 8/8/2022

On Aug. 4, the Department of Health and Human Services (HHS) published its proposed rule, Nondiscrimination in Health Care and Activities (Proposed Rule), to revise its regulations pertaining to Section 1557 of the...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

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

FordHarrison on 5/19/2022

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

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

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

Bowditch & Dewey on 5/10/2022

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

Supreme Court Rules Title IX and Other Spending Clause Statutes Do Not Permit Damages for Emotional Distress

Troutman Pepper on 5/5/2022

On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...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

U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of...

Harris Beach PLLC on 4/29/2022

Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation...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

Religious Institutions Update: October 2021

Holland & Knight LLP on 10/6/2021

Morals Clause Ruled Not Within Title VII Religious Exemptions Title VII of the Civil Rights Act of 1964 makes it unlawful "to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any...more

Section 1557 Protects Transgender Patients – Again

Seyfarth Shaw LLP on 5/13/2021

On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes...more

HHS Announces that It Will Interpret the ACA and Title IX to Prohibit Discrimination on the Basis of Sexual Orientation and Gender...

McNees Wallace & Nurick LLC on 5/12/2021

On May 10, 2021 the U.S. Department of Health and Human Services (HHS) announced that Section 1557 of the Affordable Care Act and Title IX’s prohibitions on discrimination based on sex include discrimination on the basis of...more

Court Denies Attempt to Prevent Closure of Lone Maternity Ward Under Section 1557 of ACA and Disparate-Impact Theory of...

Arnall Golden Gregory LLP on 10/21/2020

Introduction to Disparate-Impact Discrimination Claims in Healthcare: Sandoval (2001) and Section 1557 of the ACA - Disparate-impact claims of discrimination in healthcare are powerful and can be incredibly varied. These...more

Patient Protection and Affordable Care Act (PPACA) › Title IX