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Department of Health and Human Services (HHS) Gender Identity

Hall Benefits Law

Courts Issue Injunctions Blocking Expansion of ACA Section 1557 to Prohibit Discrimination Based on Gender Identity

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A Mississippi federal district court has issued a nationwide injunction and stay on some of the new federal regulations concerning Affordable Care Act (ACA) Section 1557, which prohibits discrimination in specified health...more

Bass, Berry & Sims PLC

Chevron No More: The Impact on Benefit Plans

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On June 28, 2024, the Supreme Court issued its opinion in Loper Bright Enterprises v. Raimondo, Secretary of Commerce and Relentless, Inc. v. Department of Commerce (Loper Bright), overturning Chevron U.S.A. Inc v. Natural...more

Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

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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

Husch Blackwell LLP

Loper Bright Leads to Section 1557 Stay

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On July 3, 2024, Judge Louis Guirola, Jr. of the federal district court in Mississippi issued a nationwide preliminary injunction prohibiting the U.S. Department of Health and Human Services (HHS) from “enforcing, relying on,...more

Bowditch & Dewey

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

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The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in...more

Bricker Graydon LLP

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

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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

Troutman Pepper

Tennessee and Mississippi AGs Sue the HHS Over New Antidiscrimination Rule

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Tennessee and Mississippi attorney generals (AG), joined by 13 other states, filed a multistate lawsuit in the Southern District of Mississippi. The lawsuit challenges the U.S. Department of Health and Human Services’ (HHS)...more

McDermott Will & Emery

The Impact of the ACA 1557 Final Regulations on Gender-Affirming Care

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age or disability, or any combination thereof, in a health program or activity, any part of which is...more

Seyfarth Shaw LLP

Does Section 1557 Apply to Employer Group Health Plans? (And — Why That Question May Not Even Matter)

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Seyfarth Synopsis: Following years of back and forth, new final rules were published by the Department of Health and Human Services (HHS) on May 6, 2024 reinstituting the Department’s interpretation that the prohibition on...more

Jackson Lewis P.C.

“Final” Section 1557 Nondiscrimination Regulations – Round 3: Impact on Employer Health Plans

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Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). Section 1557, which has been in effect since 2010, is intended to prevent discrimination in certain health programs or activities that...more

Sheppard Mullin Richter & Hampton LLP

DHHS Bolsters Non-Discrimination Protections for Recipients of Covered Health Care Services and Activities

In a Final Rule issued on May 6, 2024, the U.S. Department of Health and Human Services (“DHHS”) finalized regulations implementing Section 1557 of the Affordable Care Act (“Section 1557”). The Final Rule updates and...more

McDermott Will & Emery

HHS Final Section 1557 Nondiscrimination Regulations: Gender-Affirming Care and the Role of Carriers Under ASO Arrangements

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) (final regulations) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits...more

McDermott Will & Emery

Ten Takeaways From Long-Awaited Section 1557 Nondiscrimination Protections

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the...more

Holland & Knight LLP

Religious Institutions Update: March 2023

Holland & Knight LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Judge shuts down LGBT guidance

And opens up a can of worms. In June 2021, the Equal Employment Opportunity Commission (or, to be more precise, EEOC Chair Charlotte Burrows, a Democrat*) issued non-binding guidance about LGBT workers. ...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Leverages Section 1557 for Healthcare Equity

On July 25, 2022, the U.S. Department of Health and Human Services (“HHS”) issued a proposed new rule that significantly expands the scope of protection available to vulnerable populations under Section 1557 of the Affordable...more

Venable LLP

Diversity, Equity, and Inclusion Speaker Series

Venable LLP on

With the legal landscape for LGBTQ+ individuals rapidly shifting across the country, partner and chair of LGBTQ @ Venable, Colin Vandell, hosted a discussion to assess some of the welcome, and not so welcome, developments....more

Sheppard Mullin Richter & Hampton LLP

2023 Payment Rule’s Nondiscrimination Provisions and Anticipation of New Section 1557 Rules

On January 5, 2022, we discussed the Notice of Benefit and Payment Parameters for 2023 proposed rule released by the Centers for Medicare & Medicaid Services (CMS). On April 28, 2022, CMS issued the NBPP 2023 Final Rule. CMS...more

Jackson Lewis P.C.

Biden Administration Marks Transgender Visibility Day With Plan of Support

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On Transgender Day of Visibility 2022, March 31, the Biden Administration published a Fact Sheet outlining its dedication to equality and visibility for transgender, non-binary, and gender non-conforming Americans....more

Bricker Graydon LLP

HHS updates interoperability standards to support sexual orientation and gender identity

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The U.S. Department of Health and Human Services’ Office of the National Coordinator for Health Information Technology (ONC) recently released an update to the agency’s United States Core Data for Interoperability (USCDI) - a...more

Burr & Forman

Health Care E-Note - May 2021

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Updated CDC COVID-19 Guidance - The CDC has updated its guidance regarding masking and physical distancing for fully vaccinated individuals. Once fully vaccinated, people can resume activities without wearing masks or...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

Court Ruling that ACA Gender Transition Mandate Violates Religious Liberty Illustrates Interplay Between ACA and ERISA

In Religious Sisters of Mercy v. Azar, 2021 U.S. Dist. LEXIS 9156 (D.N.D. Jan. 19, 2021), a district court awarded a group of plaintiffs permanent injunctive relief against a provision of the Affordable Care Act ("ACA") that...more

Ballard Spahr LLP

HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity

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Summary - Federal agencies will enforce Section 1557 of the Affordable Care Act to prohibit discrimination based on sexual orientation or gender identity. The announcement reverses an effort under the previous...more

Jackson Lewis P.C.

LGBTQ+ Protections Under The ACA Are In Effect …Again!

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The Department of Health and Human Services (HHS) announced Monday it now interprets—and will enforce—Section 1557 of the Affordable Care Act (ACA) to prohibit discrimination based on sexual orientation and gender identity,...more

Seyfarth Shaw LLP

Section 1557 Protects Transgender Patients – Again

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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

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