Articles and Blogs

Section 1557 of the Affordable Care Act (“Section 1557”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability by any health program or activity that receives federal financial assistance. In 2016, HHS promulgated a Final Rule (“2016 Rule”) that interpreted discrimination on the “basis of sex” to include discrimination... READ MORE

On August 17, 2020, just one day before a Health and Human Services (“HHS”) Patient Protection and Affordable Care Act (“ACA”) rule retracting discrimination protections for transgender people and pregnant women (“2020 Rule”)[1] was set to go into effect, Judge Frederic Block of the U.S. District Court in the Eastern District of New York... READ MORE

On June 12, 2020, CMS and the Office for Civil Rights of Health and Human Services (“HHS”) posted a display copy of a new final rule that implements Section 1557 of the Affordable Care Act (“ACA”)(“Final Rule”). This Final Rule supersedes significant portions of the current 2016 rule (“2016 Rule”) that interpreted and implemented... READ MORE

The Michigan Civil Rights Commission says it will now act on complaints made by patients, employees and others in Michigan who believe they were discriminated against on the basis of gender identity or sexual orientation. The Commission voted on Monday to consider such discrimination as a form of discrimination prohibited by the Elliott Larsen Civil... READ MORE

On Tuesday, April 4, 2017, the Court of Appeals for the Seventh Circuit ruled that Title VII prohibits discrimination based on sexual orientation. This contradicts a recent Eleventh Circuit ruling[1]—not to mention longstanding Seventh Circuit precedent—which means that this issue could eventually land before the Supreme Court. Background Title VII is a federal law... READ MORE