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Department of Health and Human Services (HHS) Discrimination

Clark Hill PLC

Right To Know - June 2024, Vol. 18

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Cyber, Privacy, and Technology Report - Welcome to your monthly rundown of all things cyber, privacy, and technology, where we highlight all the happenings you may have missed....more

Spilman Thomas & Battle, PLLC

The Health Record - Healthcare Law Insights, Issue 1, May 2024

Welcome to our inaugural issue of The Health Record - our healthcare law insights e-newsletter! As such, we wanted to pull together our insights and pass them along to you. Our goal is to create a publication that is...more

Jackson Lewis P.C.

“Final” Section 1557 Nondiscrimination Regulations – Round 3: Impact on Employer Health Plans

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Section 1557 is the non-discrimination provision of the Affordable Care Act (ACA). Section 1557, which has been in effect since 2010, is intended to prevent discrimination in certain health programs or activities that...more

Bass, Berry & Sims PLC

Gender-Affirming Care Remains a Hot Topic in 2024

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Our April 9 blog post highlighted several issues to watch during 2024, one of which was gender-affirming care considerations. Just over a month later, there have now been three key developments with respect to that issue:...more

McDermott Will & Emery

Nondiscrimination on the Basis of Disability

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For the first time in nearly 50 years, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) has finalized revisions to regulations implementing Section 504 of the Rehabilitation Act of 1973,...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

Epstein Becker & Green

HHS Extends the Antidiscrimination Provisions of the Affordable Care Act to Patient Care Decision Support Tools, Including...

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Turns out, ignorance really is bliss, at least according to the Office of Civil Rights (“OCR”) within the Department of Health and Human Services (“HHS”), in publishing its final rule on algorithmic discrimination by payers...more

McDermott Will & Emery

Ensuring Nondiscrimination in Patient Visitations

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Reflecting on lessons learned and complaints received during the COVID-19 pandemic, the US Department of Health and Human Services (HHS) Office for Civil Rights (OCR) released detailed frequently asked questions (FAQs)...more

Proskauer - Government Contractor Compliance...

White House Issues First Artificial Intelligence Executive Order: AI Guidance for Federal Contractors Forthcoming

On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more

Vinson & Elkins LLP

White House Issues First-of-its-Kind Executive Order on AI

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On October 30, 2023, President Biden issued an Executive Order (“Order”) that drastically increased the U.S. government’s engagement with artificial intelligence (“AI”). The sweeping Order touches on everything from bias in...more

Balch & Bingham LLP

Eight Categories Summarizing the Directives of Biden’s Executive Order on Artificial Intelligence

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On October 30, 2023, President Biden issued an “Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence” (“EO”) that issues a multitude of directives across a wide swath of federal agencies and departments,...more

Jenner & Block

Department of Justice Secures First Title VI Environmental Justice Resolution Agreement

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On May 4, 2023, the Department of Justice (DOJ) announced a first-of-its-kind Title VI environmental justice interim resolution agreement with the Alabama Department of Public Health (ADPH). The resolution follows an...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Leverages Section 1557 for Healthcare Equity

On July 25, 2022, the U.S. Department of Health and Human Services (“HHS”) issued a proposed new rule that significantly expands the scope of protection available to vulnerable populations under Section 1557 of the Affordable...more

Sheppard Mullin Richter & Hampton LLP

2023 Payment Rule’s Nondiscrimination Provisions and Anticipation of New Section 1557 Rules

On January 5, 2022, we discussed the Notice of Benefit and Payment Parameters for 2023 proposed rule released by the Centers for Medicare & Medicaid Services (CMS). On April 28, 2022, CMS issued the NBPP 2023 Final Rule. CMS...more

Dentons

Pandemic and Political Shifts in Section 1557 of the Affordable Care Act

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As part of the Affordable Care Act (ACA), Section 1557 is a multilayered approach to prohibit discrimination based on color, national origin, sex, age, and disability in health programs or “activities that receive federal...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

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Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more

Hogan Lovells

Coronavirus: The Hill and the Headlines, January 2021 # 15

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In Washington: House Democrats are altering the House calendar to speed up passing a COVID-19 relief through a reconciliation package by mid-March. House Majority Leader Steny Hoyer (D-MD) announced that the House will not...more

Saul Ewing LLP

Maryland and Virginia Hospitals Settle Religious Discrimination Complaints Related to Clergy Visitations During COVID-19 Pandemic

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On October 20, 2020, the Office for Civil Rights (“OCR”) within the U.S. Department of Health and Human Services (“HHS”) announced the resolution of two (2) sets of religious discrimination complaints to ensure clergy had...more

Saul Ewing LLP

New Guidance From the Department of Health and Human Services on Title IX in Academic Medical Centers

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On September 25, 2020, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) published a document entitled, “Effective Practices for Preventing Sexual Harassment.” ...more

Nossaman LLP

Health Care Providers’ Crisis Care Guidelines in Light of Recent OCR and CDPH Guidance

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Faced with an ongoing public health emergency that threatens to overload healthcare systems, many states, including California, have developed or revisited their crisis care guidelines to address a potential COVID-19 patient...more

Arnall Golden Gregory LLP

Court Preliminarily Enjoins HHS Revisions to “Sex” Discrimination Under Section 1557 of ACA

Judge Frederick Block of the U.S. District Court for the Eastern District of New York has preliminarily enjoined HHS from revising the Obama-era definitions of sex discrimination under Section 1557 of the ACA. See Walker v....more

Arnall Golden Gregory LLP

New Guidance and New Enforcement Actions from HHS OCR During COVID-19

The United States Department of Health and Human Services Office for Civil Rights (HHS OCR) has issued new guidance on prohibiting racial discrimination in healthcare, and new enforcement actions show that HHS OCR remains...more

Arnall Golden Gregory LLP

HHS Issues New Final Rule Under Section 1557 of the Affordable Care Act: Analysis for Healthcare Providers

On June 12, HHS issued its new final rule under Section 1557 of the Affordable Care Act—the Act’s nondiscrimination provision. This final rule revises the Obama Administration’s 2016 regulation in numerous and significant...more

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