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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

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

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

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

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

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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