News & Analysis as of

Department of Health and Human Services (HHS) Section 1557 Office of Civil Rights

Health Care Compliance Association (HCCA)

HHS Office for Civil Rights Director Melanie Fontes Rainer on Progress and News at OCR

Melanie Fontes Rainer recently marked the completion of her second year leading the Office for Civil Rights at HHS. In this podcast she shared some of the accomplishments over this time as well as what the health care...more

Bowditch & Dewey

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

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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

The Impact of the ACA 1557 Final Regulations on Gender-Affirming Care

Section 1557 of the Affordable Care Act (ACA) prohibits discrimination on the basis of race, color, national origin, sex, age or disability, or any combination thereof, in a health program or activity, any part of which is...more

Groom Law Group, Chartered

Back to the Future: HHS Publishes ACA Section 1557 Nondiscrimination Final Rule Similar to 2016-Era Regulations

On May 6, 2024, the Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) and the Centers for Medicare and Medicaid Services (“CMS”) published the long-awaited Nondiscrimination in Health Programs...more

Seyfarth Shaw LLP

Does Section 1557 Apply to Employer Group Health Plans? (And — Why That Question May Not Even Matter)

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Seyfarth Synopsis: Following years of back and forth, new final rules were published by the Department of Health and Human Services (HHS) on May 6, 2024 reinstituting the Department’s interpretation that the prohibition on...more

McGuireWoods LLP

Eight Healthcare Provider Requirements From Updated Section 1557 Nondiscrimination Rule

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On May 6, 2024, the U.S. Department of Health and Human Services Office for Civil Rights (OCR) and the Centers for Medicare & Medicaid Services (CMS) published their final rule on nondiscrimination in the Federal Register...more

McGuireWoods LLP

HHS Language Access Progress Report – OCR Will Hold Providers to the “Highest Bar”

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On May 24, 2023, the U.S. Department of Health and Human Services (HHS) released its first Language Access Annual Progress Report (the Report) reflecting on its advancements since the 2022 HHS Equity Action Plan (Equity Plan)...more

McGuireWoods LLP

Providers Must Offer Effective Communication for Hearing-Impaired or Face ‘Robust Enforcement’

McGuireWoods LLP on

The U.S. government entered into two recent settlements with healthcare providers who allegedly denied deaf and hearing-impaired patients or their caregivers auxiliary aids for effective communication. These settlements...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

Ballard Spahr LLP

HHS to Enforce Section 1557 of the Affordable Care Act to Prohibit Discrimination Based on Sexual Orientation and Gender Identity

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Summary - Federal agencies will enforce Section 1557 of the Affordable Care Act to prohibit discrimination based on sexual orientation or gender identity. The announcement reverses an effort under the previous...more

Seyfarth Shaw LLP

HHS Issues “Effective Practices for Preventing Sexual Harassment”

Seyfarth Shaw LLP on

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

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

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

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

Arnall Golden Gregory LLP

Update: New Rulings, Enforcement Actions, and Litigation under Section 1557 of the Affordable Care Act

Developments continue under Section 1557 of the Affordable Care Act, the Act’s nondiscrimination provision. For example, the first federal appellate court in the nation (the Sixth Circuit) has recently interpreted the...more

Polsinelli

HHS Office for Civil Rights Proposes Changes to Section 1557 Rules: What Health Care Providers Need to Know

Polsinelli on

On May 24, 2019, the Department of Health and Human Services (“HHS”) announced its proposed changes to the regulations issued under Section 1557 of the Affordable Act Care (“ACA”). Section 1557 is the primary...more

McGuireWoods LLP

Five More Proposed Changes to Ease Affordable Care Act Nondiscrimination Rule Issues

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As discussed in a previous alert, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) recently issued a proposed rule amending provisions of its 2016 rule prohibiting certain forms of...more

Snell & Wilmer

Reassigning Section 1557: Trump Administration Proposes Reversal of Transgender Benefits Rule

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In 2016, the Department of Health and Human Services (“HHS”) Office of Civil Rights issued final regulations implementing the nondiscrimination provisions of the Affordable Care Act (“Section 1557”), which prohibit the...more

McGuireWoods LLP

HHS Proposes Eliminating Mandatory Notices, Gender Identity Protections From Nondiscrimination Rules

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On May 24, the U.S. Department of Health and Human Services Office for Civil Rights issued a proposed rule reversing certain provisions of its 2016 rule prohibiting certain forms of discrimination under Section 1557 of the...more

Arnall Golden Gregory LLP

In a Class Action, a Federal Court Rejects HHS OCR Interpretation of ACA Section 1557 and Limits the Reach of Unintentional...

In a class-action lawsuit, the Northern District of Illinois has deepened a pre-existing district-court split on a key legal question under Section 1557 of the ACA and, in doing so, explicitly rejected a pivotal HHS OCR...more

Davis Wright Tremaine LLP

ACA’s Nondiscrimination Taglines and Notices Require Updating Your Notice of Privacy Practices

There has been confusion as to whether the Affordable Care Act’s nondiscrimination provision (“ACA”) affects a covered entity’s notice of privacy practices (“NPP”) or data breach notifications. OCR has issued guidance...more

Arnall Golden Gregory LLP

New Director at HHS OCR Sets the Stage for Enforcement of Section 1557

The Department of Health and Human Services Office of Civil Rights (HHS OCR), the office tasked with enforcing Section 1557 of the ACA, has a new Director and Deputy Director for Civil Rights. The new Director, Roger...more

BakerHostetler

Federal Court Enjoins Part of ACA Final Non-Discrimination Rule

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On December 31, 2016, the U.S. District Court for the Northern District of Texas issued a nationwide injunction in Franciscan Alliance, Inc. v. Burwell, N.D. Tex., No. 16-cv-108, holding that portions of the final rule issued...more

Fisher Phillips

Healthcare Provider Obligations For Individuals With Limited English Proficiency

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This summer I wrote about the dangers of English-only policies in this age of multiculturalism. These policies tend to emerge more frequently in the healthcare workplace, the reason being – the provision of quality care is...more

Parker Poe Adams & Bernstein LLP

Portions of Section 1557 of the Affordable Care Act Enjoined by Texas Federal Court – Majority of Regulation Remains Intact.

In May 2016, the Office of Civil Rights (“OCR”) of the U.S. Department of Health and Human Services (“DHHS”) issued a Final Rule implementing Section 1557 of the Affordable Care Act (“ACA”). Section 1557 prohibits “covered...more

Alston & Bird

Hospital and Health System Health Benefit Plan Obligations Under New Nondiscrimination Rules: ACA Section 1557 and Requirements...

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This impacts any entity (or health benefit plan) that receives federal financial assistance, including Medicare or Medicaid reimbursements. Two new regulations require some employers to make health plan design and...more

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