The Wagner Law Group Description
Wagner Law Group, A Professional Corporation, is a nationally
recognized ERISA & employee benefits, estate planning,
employment, labor & human resources practice.
in 1996, The Wagner Law Group has 19 attorneys engaged exclusively in
planning and employment law. Five of our attorneys are AV rated
by Martindale-Hubbell as having very high to preeminent legal
abilities and ethical standards. The firm is among the largest ERISA
boutiques in the country. Our practice is national in scope, with
clients in more than 40 states and several foreign countries.
Wagner Law Group
Fax: (561) 293-3591
7121 Fairway Drive
Palm Beach Gardens, FL 33418
Francisco, CA 94104
August 23, 2012
State and Federal Law
HHS Issues Guidance on PPACA's
Nondiscrimination Rules for Health Programs and Activities
The Department of Health and
Human Services ("HHS") has issued seven questions and
answers ("Q&As") that address the nondiscrimination
rules under the Patient Protection and Affordable Care Act
("PPACA") that apply to health programs and activities
receiving federal financial assistance.
Section 1557 of PPACA
prohibits discrimination the basis of race, color, national origin,
sex, age or disability under any health program or activity that
receives federal financial assistance, including credits, subsidies,
or insurance contracts.
In particular, the HHS
Q&As provide the following clarification on Section 1557 of
Section 1557 prohibits discrimination on the basis of sex, it
necessarily protects against discrimination based on gender
identity and stereotyping.
surgery is not required to be covered by health insurers.
- HHS's Office
for Civil Rights ("OCR") has enforcement authority for
health programs and activities that receive federal financial
assistance from HHS.
individuals believe they were denied health care or treated
differently because of illegal discrimination, they may file a
complaint with OCR.
- There will
be no regulation promulgated under Section 1557 defining what is
masculine or feminine.
Individuals who believe
their rights have been violated can learn how to file a complaint
with OCR at: http://www.hhs.gov/ocr/civilrights/complaints/index.html.
Since PPACA's enactment in
2010, the Section 1557 nondiscrimination rules have received
virtually no attention. However, several significant questions remain
unanswered, including which health programs or activities are subject
to the rules. HHS will likely address these issues in the near future
by issuing regulations implementing Section 1557.
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