One day before an updated rule of the US Department of Health and Human Services regarding Section 1557 of the Patient Protection and Affordable Care Act took effect, the US District Court for the Eastern District of New York ordered a stay and issued a preliminary injunction precluding the most recent final rules from becoming operative. Entities subject to Section 1557 should — at least until decisions are issued in cases pending in US district courts — be cautious in their approach to their non-discrimination compliance obligations.
“Because of Bostock” – Court Delays HHS Rule Re-interpreting Section 1557 Discrimination “Because of Sex”
Tags: 45 C.F.R. § 92.4, ACA, Bostock, Civil Rights Act of 1964, discrimination, EEOC v. R.G. & G. R Harris Funeral Homes, Equal Employment Opportunity Commission, gender identify, HHS, LGBTQ, Patient Protection and Affordable Care Act, Section 1557, sex stereotyping, Title IX, Title VII, US Department of Health and Human Services, US District Court for the Eastern District of New York, US Supreme Court, Walker v. Azar
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.
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.
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.
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