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Discrimination › Health Care Providers

Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's... more +
Discrimination is prejudicial treatment related to (or inappropriate consideration of) an individual's actual or perceived membership in a particular class, group or category, such as an individual's race, religion, gender, age, to name a few.  less -
Baker Donelson

History and Future of the Nation's First Ban on Gender-Affirming Care

Baker Donelson on

Across the United States, there is a trend of state legislatures passing laws that restrict, or even outright prohibit, transgender minors from access to gender-affirming care, including puberty blockers, hormone therapy,...more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Spilman Thomas & Battle, PLLC on

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Sheppard Mullin Richter & Hampton LLP

The Intersection of Artificial Intelligence and Utilization Review

Sheppard Mullin Richter & Hampton LLP on

California is among a handful of states that seeks to regulate the use of artificial intelligence (“AI”) in connection with utilization review in the managed care space. SB 1120, sponsored by the California Medical...more

Stevens & Lee

U.S. Department of Health and Human Services Issues Final Rule Expanding Nondiscrimination Protections

Stevens & Lee on

On April 26, 2024, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights and the Centers for Medicare & Medicaid Services issued a final rule under Section 1557 of the Affordable Care Act,...more

Manatt, Phelps & Phillips, LLP

HHS Finalizes Antidiscrimination Rules On Patient Care Decision Tools, Including AI

Manatt, Phelps & Phillips, LLP on

Last week, the Department of Health and Human Services (HHS) finalized antidiscrimination regulations implementing Section 1557 of the Affordable Care Act (ACA Section 1557). The final rule expands upon the proposed rule’s...more

Epstein Becker & Green

HHS Extends the Antidiscrimination Provisions of the Affordable Care Act to Patient Care Decision Support Tools, Including...

Epstein Becker & Green on

Turns out, ignorance really is bliss, at least according to the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), in publishing its final rule on algorithmic discrimination by payers...more

Jenner & Block

Client Alert: Healthcare Industry Emerges as the New Front for Anti-DEI Attacks

Jenner & Block on

Anti-DEI litigants have zeroed in on the healthcare industry in their growing number of legal challenges to diversity, equity, and inclusion (DEI) initiatives. While some of these challenges began before the U.S. Supreme...more

Manatt, Phelps & Phillips, LLP

Georgia Proposes a Bill to Regulate Physician and Insurer AI Use

Manatt, Phelps & Phillips, LLP on

The health care industry, like most industries, is exploring how to reap the benefits of increasingly powerful artificial intelligence-based technologies while managing the risks they pose. Federal and state policymakers are...more

Proskauer - Government Contractor Compliance...

White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming

Proskauer - Government Contractor Compliance... on

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more

Sheppard Mullin Richter & Hampton LLP

At a Glance: Legal Efforts to Limit Discrimination Through AI

Sheppard Mullin Richter & Hampton LLP on

The expanded use of artificial intelligence (AI) in the delivery of health care continues to receive increased attention from lawmakers across the country. Although AI regulation is still in its early developmental stages,...more

Seyfarth Shaw LLP

Florida Governor Signs into Law Sweeping Bill that Prohibits Businesses from Discriminating Based on Vaccination Status or from...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 11, 2023, the same day on which the federal government ended the national health emergency related to COVID-19, Florida Governor Ron DeSantis signed into law a sweeping bill (SB 252) that prohibits...more

Dentons

Pandemic and Political Shifts in Section 1557 of the Affordable Care Act

Dentons on

As part of the Affordable Care Act (ACA), Section 1557 is a multilayered approach to prohibit discrimination based on color, national origin, sex, age, and disability in health programs or “activities that receive federal...more

Baker Donelson

Employers and Health Care Providers Take Note: Recent Announcements Forecast Increased Government Enforcement of Discrimination...

Baker Donelson on

The law regarding discrimination on the basis of "sex" continues to evolve rapidly. Perhaps sparked by last year's landmark discrimination ruling in the Bostock case and by President Biden's day-one Executive Order on...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Nossaman LLP

Health Care Providers’ Crisis Care Guidelines in Light of Recent OCR and CDPH Guidance

Nossaman LLP on

Faced with an ongoing public health emergency that threatens to overload healthcare systems, many states, including California, have developed or revisited their crisis care guidelines to address a potential COVID-19 patient...more

Arnall Golden Gregory LLP

Court Preliminarily Enjoins HHS Revisions to “Sex” Discrimination Under Section 1557 of ACA

Arnall Golden Gregory LLP on

Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more

Arnall Golden Gregory LLP

HHS Issues New Final Rule Under Section 1557 of the Affordable Care Act: Analysis for Healthcare Providers

Arnall Golden Gregory LLP on

On June 12, HHS issued its new final rule under Section 1557 of the Affordable Care Act—the Act’s nondiscrimination provision. This final rule revises the Obama Administration’s 2016 regulation in numerous and significant...more

Rivkin Radler LLP

OCR Pushes Back Against Discriminatory State Triaging Guidelines

Rivkin Radler LLP on

Two recent decisions of the Department of Health and Human Services Office for Civil Rights (OCR) illustrate that age and disability status cannot be used as blanket criteria for denying access to health care services, even...more

FordHarrison

New HHS Division to Focus on Health Care Workers' Religious or Moral Objections to Providing Certain Care

FordHarrison on

The U.S. Department of Health and Human Services (HHS) has announced the formation of the Conscience and Religious Freedom Division of the HHS Office for Civil Rights (OCR). The new division will review complaints from...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Wesley Health System / Merit Health Wesley For Disability Discrimination

U.S. Equal Employment Opportunity Commission... on

Company Refused to Accommodate and Fired Employee Because of Arm/Shoulder Injury, Federal Agency Charges - BIRMINGHAM, Ala. - Wesley Health System, LLC, dba Merit Health Wesley, a general medical and surgical hospital...more

U.S. Equal Employment Opportunity Commission...

Nevada Health Centers Settles EEOC Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Health Care Provider Discharged Male Employee Because of His Gender, Federal Agency Charged - LAS VEGAS - Nevada Health Centers will pay $35,000 and provide other relief to resolve a sex discrimination lawsuit filed by the...more

U.S. Equal Employment Opportunity Commission...

Medstar Harbor Hospital Will Pay $179,576 to Settle EEOC Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Hospital Refused to Grant Therapist Reasonable Accommodation then Terminated Him, Federal Agency Said - BALTIMORE - Harbor Hospital Inc., trading as MedStar Harbor Hospital, will pay $179,576 and furnish other relief to...more

Manatt, Phelps & Phillips, LLP

How Will the Trump Administration Impact Healthcare Litigation?

Manatt, Phelps & Phillips, LLP on

Editor's Note: In a dramatic conclusion to the heated debate surrounding the American Health Care Act (AHCA), the bill was withdrawn after it became clear that House leadership did not have enough votes to pass it. There is...more

U.S. Equal Employment Opportunity Commission...

American Dental Association to Pay $1.95 Million to Resolve EEOC Discrimination Finding

U.S. Equal Employment Opportunity Commission... on

Federal Agency Found Reasonable Cause to Believe Two Association Execs Were Discharged in Retaliation for Voicing Concerns About Potential Discrimination - CHICAGO - The American Dental Association, which is...more

U.S. Equal Employment Opportunity Commission...

Ultracare Las Vegas Settles EEOC Sex Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Placement Agency Fired Male Employee Because Of His Gender, Federal Agency Charged - LAS VEGAS - Ultracare Las Vegas, an ultrasound technician provider, will pay $15,000 and furnish other relief to settle a sex...more

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