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Trends and Risks in Healthcare Discrimination Enforcement and Litigation: What Does the Future Hold?

PDF California Society for Healthcare Attorneys (CSHA) Annual Spring Seminar
Napa, CA
April 14, 2018

David Johnson presented on "Trends and Risks in Healthcare Discrimination Enforcement and Litigation: What Does the Future Hold?," at the California Society for Healthcare Attorneys (CSHA) 2018 Annual Meeting & Spring Seminar on Saturday, April 14, 2018. 

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 provided guidance on how plans and insurers should respond.

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