Affordable Care Act, Civil Rights Act

What To Do When Your Healthcare Employee Objects To Providing Treatment Based on Religious Grounds

Seyfarth Shaw LLP on 9/10/2024

Seyfarth Synopsis: With the myriad claims for religious accommodation that came out of mandatory COVID vaccination policies, employers have become familiar how to handle requests for religious accommodation in the workplace. ...more

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

Ballard Spahr LLP on 8/1/2024

Following the U.S. Supreme Court’s recent decision to overturn its landmark 1984 Chevron decision, three district courts have struck down provisions in nondiscrimination regulations under the Affordable Care Act that prohibit...more

Welcome to the Post-Chevron World: HHS on the Defensive

Stevens & Lee on 7/29/2024

The Supreme Court’s recent ruling in Loper Bright Enterprises v. Raimondo (and its companion case, Relentless v. Department of Commerce), in which it overruled the Chevron doctrine, has received a great deal of attention...more

The Impact of the ACA 1557 Final Regulations on Gender-Affirming Care

McDermott Will & Emery on 6/3/2024

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age or disability, or any combination thereof, in a health program or activity, any part of which is...more

Can a Self-Funded Group Health Plan Exclude Coverage for Gender-Affirming Care?

Verrill on 5/28/2024

We are sometimes asked whether a self-funded group health plan is required to cover gender-affirming medical services. As this post explains in detail, it is generally impracticable for a self-funded ERISA-covered plan to...more

Back to the Future: HHS Publishes ACA Section 1557 Nondiscrimination Final Rule Similar to 2016-Era Regulations

Groom Law Group, Chartered on 5/24/2024

On May 6, 2024, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare and Medicaid Services (“CMS”) published the long-awaited Nondiscrimination in Health Programs...more

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on 5/22/2024

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act. The revised rules apply to all...more

2023 End-of-Year Plan Sponsor “To Do” Lists (Part 1) Health and Welfare

Snell & Wilmer on 10/12/2023

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

What risks do employers face by excluding coverage for gender affirming care in their health plans?

Dorsey & Whitney LLP on 8/3/2023

In recent years, courts have ruled upon a growing number of cases arising from delivery of and payment for gender affirming care. At the same time, state legislatures have passed a variety of laws aimed at such services. ...more

Environmental Justice: U.S. Department of Justice and Alabama Department of Health Enter into Interim Resolution Agreement

Mitchell, Williams, Selig, Gates & Woodyard,... on 5/9/2023

The United States Department of Justice and United States Department of Health and Human Services (collectively “DOJ”) announced on May 4th they have entered into an Interim Resolution Agreement (“IRA”) with the Alabama...more

SCOTUS will review religious accommodation standard

Constangy, Brooks, Smith & Prophete, LLP on 1/27/2023

"Undue hardship" defense is likely to become tougher. The U.S. Supreme Court has agreed to review the undue hardship standard in religious accommodation cases. We expect the standard to become more difficult for employers...more

Court Holds NC State Health Plan Constitutes “Health Program or Activity,” Granting Summary Judgment for Transgender Plaintiffs...

ArentFox Schiff on 12/14/2022

On December 5, 2022, the US District Court for the Middle District of North Carolina held that the North Carolina State Health Plan (NCSHP) constitutes a “Health Program or Activity” under the Affordable Care Act (ACA). In so...more

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

Tucker Arensberg, P.C. on 10/21/2022

In Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (April 28, 2022) (U.S. Supreme Court) concludes that damages for emotional distress are not recoverable under the Rehabilitation Act of 1973 and the...more

What is Human Resources Compliance, and Why is it Important?

Mitratech Holdings, Inc on 10/20/2022

How to align your people, processes, and technology with ever-changing regulations and mandates. Amid shifting workplace policies, an ever-challenging hiring climate, and evolving regulations, Human Resources (HR)...more

It’s Time To Review Your Online Patient-User Interface: DOJ Issues New Federal Guidance on Telemedicine and Civil Rights...

Foley & Lardner LLP on 9/13/2022

As online digital health services continue to enjoy broader use and appeal, federal regulators are concerned some telemedicine online patient-user interfaces fail to accommodate persons with disabilities and limited English...more

HHS Issues Proposed Rule Under Section 1557 of the Affordable Care Act: Nondiscrimination in Health Programs and Activities

McDermott Will & Emery on 8/5/2022

On August 4, 2022, the US Department of Health and Human Services (HHS) issued a Notice of Proposed Rulemaking (NPRM or proposed rule) to reinterpret section 1557 of the Affordable Care Act (ACA), which prohibits...more

Biden Administration Proposes Significant Revisions to Trump-Era Nondiscrimination Regulations

Foley Hoag LLP on 7/29/2022

On July 25, 2022, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released a long-awaited proposed rule on Section 1557 of the Affordable Care Act (ACA), the nondiscrimination protections...more

Recent U.S. Supreme Court Decision Alters the Scope of Recoverable Damages Under Anti-Discrimination Statutes Enacted under the...

Rumberger | Kirk on 6/22/2022

The Supreme Court of the United States recently held in Cummings v. Premier Rehab Keller, P.L.L.C., 142 S. Ct. 1562 (2022), that damages for emotional distress are not recoverable in actions seeking to enforce the...more

Supreme Court Discrimination Case Narrows Scope of Restitution for Individuals

Sheppard Mullin Richter & Hampton LLP on 5/26/2022

Last month, in Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court denied a petitioner’s right to emotional distress damages in a private action brought under federal anti-discrimination laws. The Petitioner, a...more

U.S. Supreme Court Holds that Spending Clause Antidiscrimination Statutes do not Permit Recovery of Damages for Emotional Distress

FordHarrison on 5/19/2022

Executive Summary: In a groundbreaking opinion authored by Chief Justice Roberts in Cummings v. Premier Rehab Keller, P.L.L.C., the United States Supreme Court held that damages for emotional distress are not recoverable in a...more

Emotional Distress Damages Not Recoverable Under Anti-Discrimination Statutes, Including Section 504, Title VI, and Title IX

Bowditch & Dewey on 5/10/2022

The United States Supreme Court has ruled that emotional distress damages are not available in private actions pursuant to various anti-discrimination statutes authorized under the Spending Clause of the United States...more

U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of...

Harris Beach PLLC on 4/29/2022

Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation...more

HHS Issues Guidance Regarding Civil Rights Protections Under Rehabilitation Act and Affordable Care Act for Persons with...

Greenbaum, Rowe, Smith & Davis LLP on 2/8/2022

What You Should Know •The HHS Office of Civil Rights has issued new guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. •The guidance is based on protections under...more

Departments of Labor, Health and Human Services, and the Treasury Clarify Rules Governing Premium Surcharges/Discounts Related to...

Mintz - Employment Viewpoints on 10/13/2021

The Departments of Labor, Health and Human Services, and the Treasury (the “Departments”) recently issued a set of Frequently Asked Questions—FAQs About Affordable Act Implementation, Part 50, Health Insurance Portability and...more

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Mintz - Employment Viewpoints on 9/16/2021

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Patient Protection and Affordable Care Act (PPACA) › Civil Rights Act

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