News & Analysis as of September 17, 2024

Gender Identity

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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 +

Summer's Hot Debate: Does a Self-Funded Group Health Plan Cover Gender-Affirming Care?

Bricker Graydon LLP on 7/17/2024

As the temperatures continue to rise, regulations and litigation related to employer-sponsored group health plans have followed suit. As these new rules continue to evolve, we are often asked whether a self-insured group...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

Religious Institutions Update: March 2023

Holland & Knight LLP on 3/31/2023

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

Section 1557 Protects Transgender Patients – Again

Seyfarth Shaw LLP on 5/13/2021

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

2020 Supreme Court Update

BakerHostetler on 10/30/2020

The U.S. Supreme Court’s October term started earlier this month, and promises to be an unprecedented session. How is the Court responding to the pandemic and adapting to a virtual environment? Which cases should you be...more

Court Issues Injunction Against Revised ACA Nondiscrimination Rules

Ballard Spahr LLP on 8/21/2020

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

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

Seyfarth Shaw LLP on 8/20/2020

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

Federal Court Blocks HHS Rule on Sexual Orientation

Rivkin Radler LLP on 8/18/2020

The U.S. District Court for the Eastern District of New York has blocked the U.S. Department of Health and Human Services (HHS) from enforcing a new rule that limited sex discrimination in healthcare to discrimination based...more

HHS Proposed Regulations Remove Protections from the Affordable Care Act for Transgender Patients

Littler on 7/11/2019

On May 24, 2019, the U.S. Department of Health and Human Services (HHS) issued new proposed regulations interpreting Section 1557 of the Affordable Care Act (ACA), which contains the ACA’s anti-discrimination provisions....more

HHS Proposes Changes to 2016 Regulations for ACA Non-Discrimination Rule

McDermott Will & Emery on 5/28/2019

On Friday, March 24, 2019, the US Department of Health and Human Services issued a proposed rule (along with a related fact sheet) under Section 1557 of the Affordable Care Act (ACA) that would make significant changes to the...more

Healthcare Litigation 2018: Conscience Rights and Civil Rights

Manatt, Phelps & Phillips, LLP on 5/25/2018

How Did We Get Here? - The free exercise clause is found in the First Amendment of the Bill of Rights and provides that “Congress shall make no law respecting an establishment of religion or prohibiting the free exercise...more

March 2017: The 15 Biggest Labor And Employment Law Stories

Fisher Phillips on 4/11/2017

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. March 2017 was another month...more

Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA

McDermott Will & Emery on 1/10/2017

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human...more

The Potential Impact Of a Trump Presidency on Employers

Carlton Fields on 11/11/2016

Based on promises made during the campaign, it appears employers may expect changes in the government’s approach to workplace regulation. Although we certainly do not have a crystal ball, President-elect Trump campaigned on a...more

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

Littler on 11/10/2016

The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

Religious Institutions Update: October 2016

Holland & Knight LLP on 10/27/2016

Timely Topics - The final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA) was issued by the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) on May...more

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