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Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557...

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of...more

SCOTUS Set to Review Two Questions under Section 1557 of the Affordable Care Act

Next term, the U.S. Supreme Court is set to answer two critical questions under Section 1557 of the Affordable Care Act. First, the Supreme Court has agreed to answer whether Section 1557 (by way of Section 504 of the...more

Federal Court Grants Injunction to Religiously-Affiliated Healthcare Providers in Litigation Under Section 1557 of ACA

Introduction - Recent litigation has once again illustrated the ways in which religious beliefs and bioethics can collide under Section 1557 of the Affordable Care Act, which prohibits discrimination in healthcare by entities...more

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

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

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

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

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

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

HHS OCR Enters Into Voluntary Resolution Agreement with Michigan State University Pursuant to Section 1557 of ACA and Title IX to...

On August 12, 2019, the Office for Civil Rights at the Department of Health and Human Services (“HHS OCR”) announced that it has entered into a Voluntary Resolution Agreement with Michigan State University pursuant to Section...more

Update: New Rulings, Enforcement Actions, and Litigation under Section 1557 of the Affordable Care Act

Developments continue under Section 1557 of the Affordable Care Act, the Act’s nondiscrimination provision. For example, the first federal appellate court in the nation (the Sixth Circuit) has recently interpreted the...more

[Webinar] Are You Prepared? Digital Accessibility in the Healthcare Industry - July 16th, 2:00pm ET

The last several years have seen a dramatic increase in legal activity related to website and mobile application digital accessibility claims under the Americans with Disabilities Act and Section 1557 of the Affordable Care...more

HHS Releases Proposed Revisions to Regulation Under Section 1557 of ACA

On May 24, 2019, the U.S. Department of Health and Human Service (HHS) issued its proposed rule to revise the regulation implementing and enforcing Section 1557 of the Affordable Care Act (ACA), the Act’s Nondiscrimination...more

Hospital Defeats Disability-Discrimination Claim on Summary Judgment

Last month, a hospital in Louisiana defeated a disability-discrimination claim on summary judgment, and in doing so, provided a road map for healthcare providers defending against such claims. Rosario v. St. Tammany Parish...more

Disability-Discrimination Litigation is Heating Up in the Healthcare Industry

New litigation targeting large health systems in the Southeast and a new Department of Justice settlement agreement show that disability-discrimination in the healthcare industry is on the rise. ...more

Refusal to Provide Interpreter Results in an Award of Monetary Damages, Injunctive Relief, and Attorney’s Fees

On August 28, 2018, the Southern District of New York awarded monetary damages, injunctive relief, and attorney’s fees to a plaintiff who filed a discrimination complaint under Section 1557 of the Affordable Care Act, Section...more

In a Class Action, a Federal Court Rejects HHS OCR Interpretation of ACA Section 1557 and Limits the Reach of Unintentional...

In a class-action lawsuit, the Northern District of Illinois has deepened a pre-existing district-court split on a key legal question under Section 1557 of the ACA and, in doing so, explicitly rejected a pivotal HHS OCR...more

Federal Court Rules that Section 1557 of Affordable Care Act Prohibits Gender-identity Discrimination in Healthcare

In a momentous decision that will certainly garner national attention and be subject to appeal, a district court for the Southern District of California has ruled that Section 1557 of the Affordable Care Act prohibits...more

New Director at HHS OCR Sets the Stage for Enforcement of Section 1557

The Department of Health and Human Services Office of Civil Rights (HHS OCR), the office tasked with enforcing Section 1557 of the ACA, has a new Director and Deputy Director for Civil Rights. The new Director, Roger...more

Deaf Individuals Sue Health System for Discrimination Under Section 1557 of the ACA

This month, twelve deaf individuals filed a federal suit against Banner Health in Arizona alleging discrimination under Section 1557 of the ACA because of an alleged failure to provide effective auxiliary aids. Specifically,...more

Federal Court Enjoins Enforcement of Section 1557’s Gender-Identity Protections in Healthcare

On New Year’s Eve, a federal court in the Northern District of Texas granted a nationwide preliminary injunction against two related HHS interpretations of the final Nondiscrimination rule issued under Section 1557 of the...more

New Risks for Healthcare Providers under Section 1557 of the ACA: Meaningful Access for Limited-English Proficiency Patients and...

This article is the first in a series addressing the new risks facing healthcare providers under Section 1557 of the Affordable Care Act. By now, healthcare providers undoubtedly know about Section 1557 of the Affordable...more

Led by Texas, Several States Challenge Section 1557’s Gender Identity Protections in HHS’s Final Rule

On August 23, 2016, several States and three faith-based healthcare providers filed suit in the Northern District of Texas against the U.S. Department of Health and Human Services (“HHS”) over HHS’s interpretation of “sex” in...more

Section 1557 of the ACA – The Impact of the Final Rule on Healthcare Providers

In earlier articles, I have called Section 1557 “the future of healthcare discrimination litigation” and the “legal side of health equity.” HHS/OCR’s final rule under Section 1557—which will go into effect on July 18,...more

Section 1557 of the ACA: The Legal Side of Health Equity

This week marks the end of National Minority Health Month and its 2016 theme of “Accelerating Health Equity for the Nation.” This month, the HHS Office of Minority Health’s goal was to “raise awareness of the health...more

Update: HHS Proposed Regulations on Section 1557 of the ACA

On September 8, 2015, HHS published its proposed regulations implementing Section 1557 of the Affordable Care Act. In a previous article on Section 1557, entitled “The Future of Healthcare Discrimination Litigation,” we...more

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