News & Analysis as of

Department of Health and Human Services (HHS) Rehabilitation Act

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

McDermott Will & Emery

Nondiscrimination on the Basis of Disability

McDermott Will & Emery on

For the first time in nearly 50 years, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has finalized revisions to regulations implementing Section 504 of the Rehabilitation Act of 1973,...more

Health Care Compliance Association (HCCA)

News Briefs: September 11, 2023

The HHS Office for Civil Rights (OCR) on Sept. 7 announced a proposed rule to bar discrimination based on disability.[1] “The rule, Nondiscrimination on the Basis of Disability in Programs or Activities Receiving Federal...more

McDermott Will & Emery

New Proposed Rules Aim to Enhance Healthcare Accessibility for People With Disabilities

McDermott Will & Emery on

The US Department of Health and Human Services (HHS) and the US Department of Justice (DOJ) recently published new proposed rules that update and create various requirements under Section 504 of the Rehabilitation Act of 1973...more

Spilman Thomas & Battle, PLLC

DHHS and New Disability Protections Under Section 504

The Department of Health and Human Services (DHHS) plays a critical role in ensuring that all individuals have access to necessary healthcare and social services, regardless of their disabilities. One of the key regulations...more

McDermott Will & Emery

Special Report - HHS Proposes to Update Disability Nondiscrimination Regulations for First Time in Nearly 50 Years

McDermott Will & Emery on

Discrimination on the basis of disability has contributed to significant disparities in healthcare and child welfare. To address these disparities, the US Department of Health and Human Services (HHS) has proposed updated...more

Lathrop GPM

COVID-19: Is the Pandemic Really Over for Employers?

Lathrop GPM on

On May 9, 2023, the United States Department of Health and Human Services issued a press release announcing that the federal Public Health Emergency for COVID-19 would expire on May 11, 2023. The Public Health Emergency has...more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

ArentFox Schiff on

On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Holland & Hart - Health Law Blog

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...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

King & Spalding

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

King & Spalding on

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

Foley Hoag LLP

FAQs for Healthcare Providers During the COVID-19 Public Health Emergency: Federal Civil Rights Protections for Individuals with...

Foley Hoag LLP on

On February 4, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) posted FAQs designed to make clear that civil rights protections remain in full force and effect during disasters or...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

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

Husch Blackwell LLP

Long COVID As A Disability Under Federal Anti-Discrimination Laws

Husch Blackwell LLP on

On July 26, 2021, the White House issued a press release marking the 31st anniversary of the Americans with Disabilities Act and announcing the publication of new guidance and resources dedicated to assisting disabled...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

Dorsey & Whitney LLP

The Supreme Court - July 2, 2021

Dorsey & Whitney LLP on

Hughes v. Northwestern University, No. 19-1401: Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment...more

Hinshaw & Culbertson - Health Care

Picking and Choosing COVID-19 Patients: Health Care Providers Face Ethical and Legal Dilemmas When Following State Triage...

Hospitals, physicians, and other health care providers are facing unprecedented ethical and legal challenges related to the shortage of critical-care resources for patients during the coronavirus pandemic (COVID-19). Some...more

Health Care Compliance Association (HCCA)

OCR releases bulletin regarding the rights of people with disabilities

Compliance Today (June 2020) - On March 28, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin reminding healthcare organizations of their obligations under the...more

Seyfarth Shaw LLP

HHS Bulletin Warns COVID-19 Resource Rationing May Constitute Unlawful Disability Discrimination

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Health and Human Services Department Office for Civil Rights issued a bulletin reminding healthcare and other entities receiving federal funds that their anti-discrimination obligations under...more

Seyfarth Shaw LLP

U.S. Access Board Issues Standards for Medical Diagnostic Equipment

Seyfarth Shaw LLP on

Seyfarth Synopsis: Many years in the making, today the Access Board issued design criteria and other standards for medical diagnostic equipment. Today, the U.S. Access Board issued new accessibility standards for medical...more

K&L Gates LLP

HHS Proposes Rules for Nondiscrimination in Health Care

K&L Gates LLP on

On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

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