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Biden Administration Seeks More Funding to Enforce Civil Rights in Healthcare, Releases Additional Nondiscrimination Guidance

In his recent request for fiscal year 2022 discretionary funding, President Biden has asked Congress for a 24% increase in funding (to $47.9 million) for HHS Office for Civil Rights “to ensure protection of civil rights in...more

New Guidance and New Enforcement Actions from HHS OCR During COVID-19

The United States Department of Health and Human Services Office for Civil Rights (HHS OCR) has issued new guidance on prohibiting racial discrimination in healthcare, and new enforcement actions show that HHS OCR remains...more

HHS OCR Announces Resolution of First COVID-19 Civil-Rights Investigations

The Office for Civil Rights at HHS has announced the resolution of its first civil-rights investigations concerning the COVID-19 public health emergency. First, on April 8, HHS OCR announced a resolution of its review of the...more

COVID-19: HHS Office for Civil Rights Opens New Investigations, Issues New Civil Rights Guidance

Over the weekend, the Office for Civil Rights at HHS announced that it has opened several investigations into various states’ plans and guidelines related to the allocation of scarce resources amid the ongoing health...more

Be Mindful of the Civil Rights Component of Your Coronavirus Response

Healthcare providers are under extraordinary pressure in these unprecedented times, and they are deserving of nothing less than our utmost support and gratitude....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

HHS OCR Resolves Disability-Discrimination Complaint Using its “Early Complaint Resolution” Process

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

HHS OCR Launches Public Education Campaign on Nondiscrimination and the Opioid Crisis

In response to the national opioid crisis, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) has launched a public education campaign on the civil rights protections surrounding...more

New Developments Put the Spotlight on Federal Healthcare Provider Conscience Protections

In January 2018, HHS unexpectedly announced a newly proposed regulation entitled “Protecting Statutory Conscience Rights in Healthcare,” which proposes new prohibitions and notice requirements for institutional healthcare...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

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

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