News & Analysis as of

Patient Protection and Affordable Care Act (PPACA) › Rehabilitation Act

The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal... more +
The Patient Protection and Affordable Care Act (PPAC), also known as Obamacare, is a United States federal statute passed in March of 2010. The Act creates a nationwide insurance system and provides federal subsidies to reduce the number of uninsured citizens. less -
Groom Law Group, Chartered

HHS Updates Regulations Implementing Section 504 of the Rehabilitation Act

Groom Law Group, Chartered on

On May 9, 2024, the Biden Administration continued its push to update and modernize federal nondiscrimination protections by publishing revised regulations (the “Final Rule”) that amend the Department of Health and Human...more

Seyfarth Shaw LLP

Ninth Circuit Green Lights Kiosk Accessibility Class Action

Seyfarth Shaw LLP on

Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind....more

Holland & Hart - Health Law Blog

OCR Addresses Healthcare Discrimination Experienced by Deaf and Hard of Hearing Patients

Holland & Hart - Health Law Blog on

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more

Jackson Lewis P.C.

[Webinar] Keeping Pace with Industry Concerns: Accessibility, Equity in Healthcare and Gender-Affirming Care - November 17th, 1:00...

Jackson Lewis P.C. on

As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and...more

Tucker Arensberg, P.C.

Emotional Distress Monetary Damages Section 504 Claims Allowed by Supreme Court

Tucker Arensberg, P.C. on

​​​​​​​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

TNG Consulting

Doe v. University of Missouri

TNG Consulting on

In our ATIXA newsletter in May 2022, we briefly analyzed a Supreme Court decision, Cummings v. Premier Rehab, in which the Court held that plaintiffs may not recover emotional distress damages under the discrimination...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

King & Spalding

HHS Issues Guidance to Pharmacies Regarding Access to Reproductive Health Care

King & Spalding on

Following President Biden’s Executive Order on ensuring access to reproductive health care, on July 13, 2022, HHS issued guidance to U.S. retail pharmacies regarding their obligations under federal civil rights laws. This...more

Weber Gallagher Simpson Stapleton Fires &...

U.S. Supreme Court Holds That Emotional Distress Damages are not Recoverable Under the Rehab Act and ACA

Weber Gallagher Simpson Stapleton Fires &... on

On April 28, 2022, the Supreme Court of the United States ruled 6-3 that emotional distress damages are not recoverable in a private action to enforce the Rehabilitation Act or the Affordable Care Act (ACA)....more

McAfee & Taft

SCOTUS: Emotional distress damages not recoverable under certain anti-discrimination statutes

McAfee & Taft on

Congress has passed many laws that prohibit discrimination in many ways. Four of those statutes were passed pursuant to Congress’s authority under the Spending Clause in the U.S. Constitution....more

Rumberger | Kirk

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

Rumberger | Kirk on

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

Sheppard Mullin Richter & Hampton LLP

Supreme Court Discrimination Case Narrows Scope of Restitution for Individuals

Sheppard Mullin Richter & Hampton LLP on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

U.S. High Court Says No Emotional Distress Damages For Discrimination under Rehab Act and ACA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more

FordHarrison

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

FordHarrison on

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

Laner Muchin, Ltd.

SCOTUS Rules Emotional Distress Damages Unavailable for Suits Under Certain Federal Anti-Discrimination Laws

Laner Muchin, Ltd. on

In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more

Bowditch & Dewey

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

Bowditch & Dewey on

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

ArentFox Schiff

Emotional Distress Damages Not Available in Private Rehabilitation and Affordable Care Act Discrimination Cases

ArentFox Schiff on

Jane Cummings is blind and deaf, and she chiefly communicates using American Sign Language. When Cummings sought physical therapy from Premier Rehab Keller, P.L.L.C., she asked it to provide an American Sign Language...more

Troutman Pepper

Supreme Court Rules Title IX and Other Spending Clause Statutes Do Not Permit Damages for Emotional Distress

Troutman Pepper on

On April 28, the U.S. Supreme Court held in Cummings v. Premier Rehab Keller, P.L.L.C., No. 20-219 (Roberts, C.J.) that damages for emotional distress are not available for statutes adopted under the spending clause. Although...more

Akerman LLP - Health Law Rx

U.S. Supreme Court Holds Healthcare Entities Not Liable for Emotional Injury Damages Under Certain Anti-Discrimination Statutes

Akerman LLP - Health Law Rx on

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more

Miller Canfield

Supreme Court Holds Emotional Distress Damages Are Not Recoverable for Claims Arising Under Some Antidiscrimination Statutes

Miller Canfield on

On April 28, 2022, the U.S. Supreme Court issued its 6-3 decision in Cummings v. Premier Rehab Keller, P.L.L.C., holding that emotional distress damages are not recoverable in a lawsuit brought under the Rehabilitation Act of...more

Jackson Lewis P.C.

U.S. Supreme Court Bars Emotional Distress Damages Under Section 504, Title VI, Title IX, ACA

Jackson Lewis P.C. on

The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more

Akerman LLP - HR Defense

It’s All Over but the Crying: Damages for Emotional Injuries Not Available Under Certain Anti-Discrimination Statutes

Akerman LLP - HR Defense on

Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more

Littler

U.S. Supreme Court Excludes Emotional Distress Damages from Remedies Available Under Rehabilitation Act and Affordable Care Act

Littler on

On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress...more

Harris Beach PLLC

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

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

Husch Blackwell LLP

Supreme Court Holds That Emotional Distress Damages Are Not Available Under Title VI, Title IX, and Other Spending Clause Statutes

Husch Blackwell LLP on

In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more

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