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Federal Heathcare Discrimination Law Risks for Plans in 2018

PDF BCBS 2018 National Summit
Orlando, FL
May 1, 2018

David Johnson presented on "Federal Healthcare Discrimination Law Risks for Plans in 2018," at the 52nd Annual Lawyers’ Conference: A Program of the BCBS 2018 National Summit on Tuesday, May 1, 2018 from 8:30 am - 9:30 am. 

Health plans and insurers face increasing risks under the Federal discrimination laws, including ACA Section 1557 and the historic civil rights Acts. They often have dual roles -- covering risks and managing care. For their risk coverage function, the new rules require scrutiny of plans for potentially discriminatory terms and administration rules, as well as changes in operations to make websites and operations accessible. As care managers, the new rules create discrimination exposure for network design and for the capabilities and conduct of contracted providers. This session outlined the rules that are creating this discrimination law risk. It also described how regulators and courts are currently interpreting and enforcing the four primary categories of discrimination laws for healthcare and provide guidance on how plans and insurers should respond.

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