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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

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

Federal Court Stays Section 1557 Litigation Pending HHS’s Decision to Revisit Regulation

On July 10, 2017, the Northern District of Texas stayed its much-watched Section 1557 case (known as the Franciscan Alliance case) pending HHS’s decision to revisit or revise its regulation under Section 1557. At issue in...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

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

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

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