News & Analysis as of

Patient Protection and Affordable Care Act (PPACA) › Title IX › Department of Health and Human Services (HHS)

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 -
Ballard Spahr LLP

Courts Invalidate ACA Regulations Following Demise of Chevron Deference

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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

Holland & Knight LLP

Religious Institutions Update: March 2023

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Donors State Claims for Misuse of Their Funds, But Not as a Class Action - In Carrier v. Ravi Zacharias Int'l Ministries, Inc. No. 1:21-CV-3161-TWT, 2022 WL 1540206 (N.D. Ga. May 13, 2022) and Carrier v. Ravi Zacharias...more

BakerHostetler

HHS Proposes Rule Strengthening Section 1557 Protections Against Nondiscrimination in Health Activities

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​​​​​​​On Aug. 4, the Department of Health and Human Services (HHS) published its proposed rule, Nondiscrimination in Health Care and Activities (Proposed Rule), to revise its regulations pertaining to Section 1557 of the...more

Seyfarth Shaw LLP

Section 1557 Protects Transgender Patients – Again

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On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes...more

McNees Wallace & Nurick LLC

HHS Announces that It Will Interpret the ACA and Title IX to Prohibit Discrimination on the Basis of Sexual Orientation and Gender...

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On May 10, 2021 the U.S. Department of Health and Human Services (HHS) announced that Section 1557 of the Affordable Care Act and Title IX’s prohibitions on discrimination based on sex include discrimination on the basis of...more

Seyfarth Shaw LLP

HHS Issues “Effective Practices for Preventing Sexual Harassment”

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Seyfarth Synopsis: Consistent with Section 1557 of the Affordable Care Act and Title IX of the Education Amendments of 1972, the U.S. Department of Health and Human Services (HHS) recently published recommendations for...more

Ballard Spahr LLP

Court Issues Injunction Against Revised ACA Nondiscrimination Rules

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The U.S. District Court for the Eastern District of New York blocked federal rules seeking to remove nondiscrimination protections for health care patients. The blocked rules would have removed protections against...more

Jackson Lewis P.C.

Court Decision Restores Affordable Care Act’s Discrimination Protections For Transgender Patients

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A New York court has restored anti-discrimination protections for transgender patients under the Affordable Care Act (ACA). Walker et al. v. Azar et al., No. 20-cv-2834 (E.D.N.Y. Aug. 17, 2020). Section 1557 of the ACA...more

Seyfarth Shaw LLP

Transgender Patients Remain Protected: District Court Blocks HHS Rule From Taking Effect

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Seyfarth Synopsis: A Federal Court has temporarily enjoined the Trump administration from putting into effect its recent rule that strips the Affordable Care Act of its gender identity protections....more

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

Health Plans Post-Bostock: Mixed Signals on Sex Discrimination?

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Most employer-sponsored health plans will be exempt from the primary Affordable Care Act (ACA) provision governing race, color, age, sex, disability, and national origin discrimination under new final rules issued by the U.S....more

Holland & Knight LLP

HHS Issues Final Rule on Section 1557

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Under Section 1557 of the Affordable Care Act (Section 1557), "covered entities," which were defined as health programs or activities that receive "federal funding" from the U.S. Department of Health and Human Services (HHS)...more

Seyfarth Shaw LLP

HHS Issues Final Rule on Section 1557

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Under Section 1557 of the Affordable Care Act (“Section 1557”), health programs and activities that receive federal financial assistance cannot discriminate on the basis of race, color, national origin, disability, age, or...more

Arnall Golden Gregory LLP

HHS OCR Enters Into Voluntary Resolution Agreement with Michigan State University Pursuant to Section 1557 of ACA and Title IX to...

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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

Proskauer - Employee Benefits & Executive...

HHS Proposes to Narrow Scope of Nondiscrimination Regulations under Affordable Care Act

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The U.S. Department of Health and Human Services (HHS) recently proposed regulations that scale back nondiscrimination protections under Section 1557 of the Affordable Care Act (ACA). The new regulations, proposed on May 24,...more

Ballard Spahr LLP

Health Care Reform in Transition While Congress Deliberates

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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

FordHarrison

Texas Court Enjoins Enforcement of Regulation that Would Forbid Discrimination in Healthcare on the Basis of Gender Identity and...

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As LGBTQ rights have taken center stage in political and social issues, FordHarrison has been following ground-breaking litigation related to LGBTQ rights and providing updates. In the latest decision, a federal judge in...more

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

The Ball Dropped on New Year’s Eve for Some ACA Section 1557 Nondiscrimination Rules

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

Some employers may want to reconsider their approach to gender transition benefits after a federal court enjoined the U.S. Department of Health and Human Services (HHS) from enforcing its 2016 nondiscrimination regulations...more

Baker Donelson

HHS Issues Final Rule on the ACA's Anti-Discrimination Provisions

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On May 18, 2016, the Department of Health and Human Services (HHS) issued a final rule (the Rule) implementing the prohibition on discrimination under Section 1557 of the Affordable Care Act (ACA). Section 1557 prohibits...more

Arnall Golden Gregory LLP

Led by Texas, Several States Challenge Section 1557’s Gender Identity Protections in HHS’s Final Rule

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On August 23, 2016, several States and three faith-based healthcare providers filed suit in the Northern District of Texas against the U.S. Department of Health and Human Services (“HHS”) over HHS’s interpretation of “sex” in...more

Dickinson Wright

HHS’S New Anti-Discrimination Regulation Proposal Explained – Part 2

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This is the second part in a two-part series about the HHS’s proposed anti-discrimination regulations - Gender Identity. Another area addressed in the regulations is “gender identity,” which refers to an...more

Dickinson Wright

Healthcare Legal News: Volume 5, Number 4: HHS’s New Anti-Discrimination Regulation Proposal, Explained

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In September, the Department of Health and Human Services (HHS) released proposed anti-discrimination regulations that, if adopted, change the playing field in which physicians and other healthcare providers practice. These...more

K&L Gates LLP

HHS Proposes Rules for Nondiscrimination in Health Care

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On September 8, 2015, the U.S. Department of Health and Human Services (“HHS”) proposed new regulations implementing Section 1557 of the Patient Protection and Affordable Care Act (“ACA”). Section 1557 prohibits...more

Balch & Bingham LLP

Nondiscrimination in Health Programs and Activities: Proposed Rules from HHS

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...So, why did HHS need over five years to propose the set of rules published September 8? Here are a few highlights. For brevity’s sake, we omit foreign language service requirements, disability accommodation, compliance...more

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