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
2/2/2022
/ Affordable Care Act ,
Bodily Injury ,
Disability Discrimination ,
Health Care Providers ,
Healthcare ,
Hospitals ,
Motion to Dismiss ,
Rehabilitation Act ,
Section 1557 ,
Statute of Limitations ,
Time-Barred Claims
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
Last month, a magistrate judge for the United States District Court for the Middle District of North Carolina recommended that plaintiffs’ claim of discrimination for failure to provide materials in Braille be permitted to...more
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
7/8/2019
/ Accessibility Rules ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Continuing Legal Education ,
Digital Assets ,
Disability Discrimination ,
Health Care Providers ,
Mobile Apps ,
Online Platforms ,
Risk Management ,
Risk Mitigation ,
Webinars ,
Website Accessibility ,
Websites
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
On February 11, 2019, the United States Department of Health & Human Services Office for Civil Rights (HHS OCR) announced that it has resolved yet another complaint for disability discrimination in healthcare using its Early...more
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
After two years of undercover inquiries, in which “testers” enlisted by a non-profit requested accommodations for a fictional deaf grandparent, the Southwest Fair Housing Council has filed a disability-discrimination...more
On May 8th, the Eleventh Circuit Court of Appeals issued an opinion with broad implications for healthcare providers, confirming the importance of ensuring effective communication with deaf or hearing-impaired patients....more