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OFCCP Refresh and Reset: What to Watch for in 2022
2020 OFCCP Refresh and Reset
OFCCPs New Veteran/Disability Regulations Are Now in Effect. Are You Ready?
In a move the Agency reported is designed to maintain healthcare access for active and retired service members and their families, the Office of Federal Contract Compliance Programs (OFCCP) has announced a two-year extension...more
Access to quality healthcare services has long been a priority of the U.S. Department of Health and Human Services (HHS), and through its Office for Civil Rights (OCR) this agency has, since at least 2001, sought to provide...more
The U.S. Department of Justice (DOJ) recently published a final rule on the accessibility of medical diagnostic equipment (MDE) and other accessibility-related practices that promises to have broad impact on the health care...more
On May 9, 2024, the Biden Administration continued its push to update and modernize federal nondiscrimination protections by publishing revised regulations (the “Final Rule”) that amend the Department of Health and Human...more
On April 24, 2024, the U.S. Department of Justice (DOJ) published in the Federal Register a final rule on Accessibility of Web Information and Services of State and Local Government Entities. These regulations are at 28 C.F.R...more
The U.S. Department of Justice’s (DOJ) recent release of an advance copy of its final rule on website accessibility for state and local governments under Title II of the Americans with Disabilities Act (ADA) provides a...more
The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) entered into a Voluntary Resolution Agreement (“Agreement”) with CHI St. Vincent Hot Springs (“CHI”) to ensure there are effective communication...more
As the industry continues to evolve, access to healthcare remains a key challenge. For certain segments of the population, access to healthcare is not equitable. We will examine how the ADA and state disability and...more
The Supreme Court of the United States, on April 28, 2022, held that emotional distress damages are not available for private discrimination claims under the federal Rehabilitation Act of 1973 and the Affordable Care Act...more
In a recent April 28, 2022 decision, the Supreme Court of the United States (SCOTUS) ruled in favor of a Texas physical therapy provider, Premier Rehab Keller, PLLC (Premier Rehab), in a suit where petitioner Jane Cummings...more
Healthcare facilities and other entities receiving federal financial assistance can breathe a little easier after a U.S. Supreme Court decision issued last week barring the recovery of emotional damages for certain...more
The U.S. Supreme Court ruled that emotional distress damages are not recoverable in private actions to enforce statutes authorized by the Spending Clause of the U.S. Constitution....more
On April 28, 2022, the U.S. Supreme Court narrowed the scope of damages available under the Rehabilitation Act of 1973 (Rehab Act) and the Affordable Care Act (ACA). In a 6-3 decision, the Court held that emotional distress...more
In Cummings v. Premier Rehab Keller, P.L.L.C., the Supreme Court of the United States held that a plaintiff suing under Title VI (prohibiting race, color, and national origin discrimination), Title IX (prohibiting sex...more
On February 4, 2022, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) posted FAQs designed to make clear that civil rights protections remain in full force and effect during disasters or...more
What You Should Know •The HHS Office of Civil Rights has issued new guidance to covered healthcare entities regarding civil rights protections for persons with disabilities. •The guidance is based on protections under...more
In the face of tragic allegations, the Sixth Circuit has held that a patient’s disability discrimination claim against a hospital is not timed barred by the Rehabilitation Act, which borrows a state’s applicable statute of...more
Late last month, the Department of Health and Human Services (“HHS”) and the Department of Justice (“DOJ”) jointly published “Guidance on ‘Long COVID’ as a Disability Under the ADA, Section 504, and Section 1557.” In short,...more
On July 2, 2020, the Office of Federal Contract Compliance Programs (OFCCP) issued a final rule1 amending its regulations to confirm the agency lacks jurisdiction over health care providers whose sole government contract is...more
Hospitals, physicians, and other health care providers are facing unprecedented ethical and legal challenges related to the shortage of critical-care resources for patients during the coronavirus pandemic (COVID-19). Some...more
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
Our annual survey of health law cases for 2019 includes a number of notable decisions affecting the practice of medicine and the delivery of other health care services in Connecticut. These include the Connecticut Supreme...more
Seyfarth Synopsis: In Ituah, et al. v. Austin State Hospital, a federal magistrate judge in Texas recently recommended the denial of a motion for class certification brought by patients alleging disability discrimination...more
Last month, a hospital in Louisiana defeated a disability-discrimination claim on summary judgment, and in doing so, provided a road map for healthcare providers defending against such claims. Rosario v. St. Tammany Parish...more