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Disability Discrimination Section 1557

Bowditch & Dewey

Broadened Non-Discrimination Mandates Imposed on Medical Providers – How to Comply

Bowditch & Dewey on

The Affordable Care Act, which was signed into law in 2010, contained a provision (commonly referred to as Section 1557) prohibiting discrimination on the basis of race, color, national origin, sex, age or disability in...more

McDermott Will & Emery

HHS Final Section 1557 Nondiscrimination Regulations: Gender-Affirming Care and the Role of Carriers Under ASO Arrangements

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) (final regulations) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits...more

McDermott Will & Emery

Ten Takeaways From Long-Awaited Section 1557 Nondiscrimination Protections

On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) reinterpreting Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the...more

Baker Donelson

Safeguarding Against Discrimination in Telehealth to Meet Requirements of New Federal Guidance and the Proposed Rule Implementing...

Baker Donelson on

With telehealth becoming increasingly prevalent, the federal government has taken steps to protect against discrimination in telehealth and prevent accessibility issues that disproportionately affect individuals with...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Discrimination Case Narrows Scope of Restitution for Individuals

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

Arnall Golden Gregory LLP

Sixth Circuit Holds That Federal Four-Year Statute of Limitations Applies to Disability Discrimination Claims under Section 1557...

In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of...more

Arnall Golden Gregory LLP

SCOTUS Set to Review Two Questions under Section 1557 of the Affordable Care Act

Next term, the U.S. Supreme Court is set to answer two critical questions under Section 1557 of the Affordable Care Act. First, the Supreme Court has agreed to answer whether Section 1557 (by way of Section 504 of the...more

Health Care Compliance Association (HCCA)

OCR releases bulletin regarding the rights of people with disabilities

Compliance Today (June 2020) - On March 28, the Office of Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) released a bulletin reminding healthcare organizations of their obligations under the...more

Arnall Golden Gregory LLP

Federal Magistrate Judge Recommends Allowing Discrimination Claim Against Health System for Failure to Provide Materials in...

Last month, a magistrate judge for the United States District Court for the Middle District of North Carolina recommended that plaintiffs’ claim of discrimination for failure to provide materials in Braille be permitted to...more

Arnall Golden Gregory LLP

Disability-Discrimination Litigation is Heating Up in the Healthcare Industry

New litigation targeting large health systems in the Southeast and a new Department of Justice settlement agreement show that disability-discrimination in the healthcare industry is on the rise. ...more

Arnall Golden Gregory LLP

Non-Profit Files Disability-Discrimination Suit against a Dozen Skilled-Nursing Facilities in Arizona

After two years of undercover inquiries, in which “testers” enlisted by a non-profit requested accommodations for a fictional deaf grandparent, the Southwest Fair Housing Council has filed a disability-discrimination...more

Arnall Golden Gregory LLP

New Eleventh Circuit Opinion Broadens Healthcare Providers’ Exposure to Litigation for Failure to Provide Effective Communication...

On May 8th, the Eleventh Circuit Court of Appeals issued an opinion with broad implications for healthcare providers, confirming the importance of ensuring effective communication with deaf or hearing-impaired patients....more

Ballard Spahr LLP

Health Care Reform in Transition While Congress Deliberates

Ballard Spahr LLP on

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

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