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Department of Health and Human Services (HHS) Anti-Discrimination Policies

Holland & Hart LLP

Are You Ready for It? Section 1557's Upcoming Deadlines

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The Department of Health and Human Services (“HHS”) Office of Civil Rights (“OCR”) published its final rules implementing the anti-discrimination provisions under Section 1557 of the Affordable Care Act (“Final Rule”) on May...more

Ballard Spahr LLP

Tobacco Surcharge Lawsuits Lighting Up Common Wellness Program Designs

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A new and unprecedented wave of class action complaints is targeting a common feature of many employer-sponsored benefit plans: tobacco-user surcharges. These surcharges are often part of a wellness program that charges...more

BakerHostetler

What’s Hot in Healthcare: Digital Health Regulatory Update

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As the summer winds down, regulatory updates related to digital health services certainly do not appear to be showing any signs of cooling off. It has been a busy summer, and below we have summarized several key updates for...more

Quarles & Brady LLP

Final Anti-Discrimination Rule Protecting Gender Identity May Indirectly Impact Employer Health Plans

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On April 26, 2024, the Department of Health and Human Services (HHS) issued a final rule under Section 1557 of the Affordable Care Act (ACA), which broadly protects against discrimination in health programs or activities that...more

Hall Benefits Law

HHS Issues Proposed Rule on Nondiscrimination in Health Programs and Activities

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The U.S. Department of Health and Human Services (HHS) has issued a proposed rule entitled “Nondiscrimination in Health Programs and Activities.” The proposed rule, designed to advance health equity and protect people from...more

Troutman Pepper

Tennessee and Mississippi AGs Sue the HHS Over New Antidiscrimination Rule

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Tennessee and Mississippi attorney generals (AG), joined by 13 other states, filed a multistate lawsuit in the Southern District of Mississippi. The lawsuit challenges the U.S. Department of Health and Human Services’ (HHS)...more

Lippes Mathias LLP

HHS Issues Final Rule to Expand Discrimination Prohibition in Health Care Services

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The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare & Medicaid Services (“CMS”) issued a final rule on May 6, 2024 (the “Final Rule”) under Section 1557 of the...more

Groom Law Group, Chartered

HHS Updates Regulations Implementing Section 504 of the Rehabilitation Act

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

Baker Donelson

How to Comply with HHS' New Nondiscrimination Compliance Infrastructure Requirements in Your Facility

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The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services and Office of the Secretary (collectively, HHS) released on May 6, 2024, the agencies' Final Rule governing the implementation of...more

Baker Donelson

HHS Finalizes Health Care Nondiscrimination Provisions in Section 1557 Final Regulation

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The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services and the Office of the Secretary (collectively, HHS) released the agencies' Final Rule governing the implementation of Section 1557 of...more

Husch Blackwell LLP

Nondiscrimination in Healthcare: HHS’s New Final Rule Under Section 1557 of the Affordable Care Act

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Section 1557 of the Affordable Care Act prohibits discrimination in healthcare based on a number of characteristics including race, color, national origin, sex, age, and disability. On April 26, 2024, the Department of Health...more

Stevens & Lee

U.S. Department of Health and Human Services Issues Final Rule Expanding Nondiscrimination Protections

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On April 26, 2024, the United States Department of Health and Human Services (“HHS”) Office for Civil Rights and the Centers for Medicare & Medicaid Services issued a final rule under Section 1557 of the Affordable Care Act,...more

Manatt, Phelps & Phillips, LLP

HHS Finalizes Antidiscrimination Rules On Patient Care Decision Tools, Including AI

Last week, the Department of Health and Human Services (HHS) finalized antidiscrimination regulations implementing Section 1557 of the Affordable Care Act (ACA Section 1557). The final rule expands upon the proposed rule’s...more

Robinson+Cole Health Law Diagnosis

Forecasting the Integration of AI into Health Care Compliance Programs

Health care entities maintain compliance programs in order to comply with the myriad changing laws and regulations that apply to the health care industry. Although laws and regulations specific to the use of artificial...more

Holland & Knight LLP

HHS Publishes Final Rule Governing Healthcare Conscience Protections

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On Jan. 11, 2024, the U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) published its 2024 Final Rule governing healthcare conscience protections, "Safeguarding the Rights of Conscience as...more

Amundsen Davis LLC

Understanding the Impact of Federal Conscience Rights on Health Care Employers: Navigating Legal Protections and the 2023 Final...

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Conscientious objection in health care is the refusal of a health care professional to provide or participate in the delivery of a legal, medically appropriate health care service to a patient because of personal beliefs. ...more

McCarter & English, LLP

President Biden’s Executive Order on AI: Bringing Law to the New Frontier

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After considerable anticipation and speculation, President Biden recently issued an Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. While the EO focuses primarily on...more

BCLP

A Survey of the US AI Regulatory Landscape

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As companies increasingly integrate AI into their products, services, processes, and decision-making, they need to do so in ways that comply with the different laws that have been passed and proposed to regulate the use of AI...more

Holland & Knight LLP

Holland & Knight Health Dose: September 12, 2023

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Holland & Knight Health Dose is an in-depth weekly dose of legislative and regulatory insights to keep stakeholders abreast of happenings in Washington, D.C., impacting the health sector....more

ArentFox Schiff

EEOC Updates COVID-19 Technical Assistance

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On May 11, the US Department of Health and Human Services ended its COVID-19 federal public health emergency declaration. Days later, the US Equal Employment Opportunity Commission (EEOC) followed up by updating its COVID-19...more

Mitchell, Williams, Selig, Gates & Woodyard,...

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

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

Holland & Hart - Health Law Blog

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

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

King & Spalding

Twenty-One State Attorneys General and the District of Columbia Back HHS’s Plan to Hold Hospitals and Other Providers Liable for...

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On October 3, 2022, the Attorneys General for California, New York, and Massachusetts, in collaboration with Attorneys General from 18 other states and the District of Columbia (State Attorneys General) submitted a comment...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

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

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​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

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