On June 12, 2020, the Office for Civil Rights (OCR) of the US Department of Health and Human Services (HHS) finalized a rule under Section 1557 of the Patient Protection and Affordable Care Act (the 2020 Final Rule) that rescinds certain protections afforded to LGBTQ individuals and persons with limited English proficiency. At the same time, the 2020 Final Rule removes burdensome disclosure requirements that may be a welcome relief for entities covered by Section 1557. On June 15, 2020, the Supreme Court of the United States ruled that workplace discrimination based on gender identity and sexual orientation is forbidden under Title VII of the Civil Rights Act of 1964. Although Title VII is not included in the precedential civil rights laws that gave rise to Section 1557, we nevertheless anticipate that the Supreme Court’s holding will lead to legal challenges in a number of areas, including healthcare and health insurance, religious exemptions and the 2020 Final Rule from HHS OCR.
HHS Finalizes Anti-Discrimination Revisions to ACA Section 1557
Posted In Benefit Controversies, Health and Welfare Plans
Tags: 2020 Final Rule, ACA, DOJ, Employee Retirement Income Security Act of 1974, ERISA, Federal Employees Health Benefits Program, HHS, LEP, LGBTQ, limited English Proficiency, OCR, Office for Civil Rights, Patient Protection and Affordable Care Act, Section 1557, Title IX, Title VII of the Civil Rights Act of 1964, US Department of Health and Human Services, US Department of Justice
Jacob MattinsonJacob M. Mattinson focuses his practice on employee benefits and matters related to 401(k), 403(b), pension, executive compensation, health care reform, and cafeteria and welfare plans. Jacob assists clients in drafting employee benefit plan documents and amendments. He represents clients in matters before the Internal Revenue Service (IRS), US Department of Labor (DOL) and Pension Benefit Guaranty Corporation with respect to plain qualification issues. Read Jacob Mattinson's full bio.
Gregory FosheimGregory E. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the healthcare and life sciences industry. Drawing on his extensive laboratory and public health background and insight, he regularly advises on clinical and diagnostic laboratory matters, anatomic pathology and fertility laboratory compliance. Greg also represents hospitals, health systems and physician practice management companies in all aspects of transactional and operational matters, particularly those with regulatory, licensing, accreditation and policy considerations, and he has negotiated several acquisitions and sales of proton therapy centers. Read Gregory Fosheim’s full bio.
Winnie UluochaWinnie Uluocha advises all segments of the healthcare industry, including hospitals, health systems, pharmacies, private equity investors and their platform companies, and other healthcare clients. In transactional matters, such as strategic mergers, acquisitions, affiliations, and joint ventures, Winnie assists in due diligence, drafting and reviewing agreements, analyzing and researching regulatory issues, forming and restructuring corporate entities, and advising on the same. Winnie also provides statutory and regulatory compliance counseling to health systems, academic medical centers, hospitals, and a variety of healthcare entities in emerging areas such as digital health, telehealth, hospital and health system innovation centers, and privacy and security matters. Read Winnie Uluocha’s full bio.
Todd SolomonTodd A. Solomon focuses his practice on designing, amending and administering pension, profit sharing, 401(k), employee stock ownership and 403(b) plans, as well as nonqualified deferred compensation arrangements. He also counsels privately and publicly held corporations and tax-exempt entities regarding fiduciary issues under the Employee Retirement Income Security Act (ERISA), employee benefits issues involved in corporate transactions, executive compensation matters and the implementation of benefit programs for domestic partners of employees.Read Todd A. Solomon's full bio.
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