Federal Health Care Discrimination Law (Non-Members)

Preface  
Acknowledgments  
About the Author  
Summary Table of Contents  

Chapter 1 Introduction

I. The Genesis of Health Care Discrimination Law: The Creation of Affordable Care Act Section 1557  
II. Revolution and Counterrevolution: The Regulations for Section 1557 
III. The Purpose and Structure of This Treatise  

Part I

Chapter 2 How Historic Civil Rights Acts and the Affordable Care Act Section 1557 Apply to Health Care Entities

I. Introduction 
II. The Reconstruction-Era Civil Rights Acts  
III. The Historic Civil Rights Acts of 1964–1990 
IV. Affordable Care Act Section 1557  
V. The Limited Applicability of HHS’s Section 1557 Regulations  
VI. The Need for a Comprehensive Approach to Compliance With the Discrimination Laws  

Chapter 3 Race, Color, and National Origin Discrimination

I. The Origins of Federal Health Care Race Discrimination Law
II. Remedies for Discrimination in Health Care Due to Race, Color, or National Origin Under the Historic Federal Civil Rights Laws  
III. ACA Section 1557 and Discrimination on the Basis of Race, Color, and National Origin
IV. Guidelines for Compliance of Hospitals With Title VI of the Civil Rights Act of 1964

Chapter 4 Sex Discrimination

I. The Origins of Federal Sex Discrimination Law in Health Care
II. Sex Discrimination Remedies Under Historic Federal Civil Rights Law  
III. Sex Discrimination on Equal Protection Grounds and Section 1983
IV. Sex Discrimination in Health Benefits Under Title VII of the Civil Rights Act of 1964
V. Sex Discrimination in Health Benefits Under Title IX of the Education Amendments of 1972
VI. Sex Discrimination Under ACA Section 1557

Chapter 5 Disability Discrimination

I. Introduction  
II. Disability Discrimination Remedies Under Federal Civil Rights Laws  
III. The Equal Protection Provisions of the U.S. Constitution and Disability Discrimination
IV. Rehabilitation Act of 1973, Section 504
V. The Americans with Disabilities Act
VI. ACA Section 1557
VII. Section 504, the ADA, Section 1557, and Health Care Providers
VIII. Section 504, the ADA, Section 1557, and Health Benefits

Chapter 6 Age Discrimination

I. Introduction
II. Age Discrimination Remedies Under Historic Federal Civil Rights Law
III. The Age Discrimination in Employment Act of 1967
IV. The Age Discrimination Act of 1975
V. Section 1557 and Age Discrimination

Chapter 7 Communication Disabilities and Non–English Speakers

I. Introduction  
II. Limited English Proficiency (LEP) Requirements
III. Effective Communication Rules
IV. Information Technology and Website Accessibility
V. Notices of Nondiscrimination and Availability
VI. Conclusion

Chapter 8 Affordable Care Act Section 1557 and the Federal Financial Assistance Civil Rights Acts: Entities Covered, Administrative Obligations, and Enforcement

I. Introduction 
II. The Applicability Clauses of the FFA Acts and Regulations
III. When a Program or Activity Will Be Considered an FFA Recipient
IV. When a Program or Activity Will Be Deemed Administered by an Executive Agency  
V. When a Program or Activity Will Be Deemed Administered by an Entity Established by ACA Title I 
VI. Applicability of ACA Section 1557 and the Original Four Acts to Specific Federal Health Care Programs
VII. Applicability of the FFA Acts to the Employment Activities of Covered Entities  
VIII. Administrative Obligations for Entities Covered by the FFA Acts
IX. Administrative Enforcement of the FFA Acts

Part II
Chapter 9  Evolution of Federal and State Mental Health Parity Laws

I. The Background of the Mental Health Parity Movement
II. The Federal Mental Health Parity Act of 1996
III. State Mental Health Parity Laws
IV. State Laws Mandating Coverage for Specific Conditions
V. The Federal Mental Health Parity and Addiction Equity Act
VI. A New Wave of State Mental Health Parity Legislation

Chapter 10  Applying the Mental Health Parity and Addiction Equity Act (MHPAEA)

I. Introduction  
II. Regulatory Overview
III. Plans Covered by MHPAEA
IV. The Scope of MHPAEA
V. Formal Analysis Requirements 
VI. The Parity Rules for Commercial Entities
VII. Parity Rules for Medicaid Managed Care
VIII. The Future of Enforcement

Part III
Chapter 11  Federal Discrimination Law and Commercial Health Insurance, Coverage, and Benefits

I. The Changing Application of Federal Anti-Discrimination Laws to Commercial Health Insurance, Coverage, and Benefits  
II. McCarran-Ferguson Act Limitations on the Federal Regulation of Health Insurance  
III. The Three Broad Classes of Federal Civil Rights Laws Applicable to Health Care  
IV. Employment Discrimination Laws and Health Coverage and Insurance
V. The Public Accommodation Laws and Health Insurance  
VI. The Federal Financial Assistance (FFA) Civil Rights Laws and Health Benefits and Insurance
VII. The Essential Health Benefit (EHB) and Qualified Health Plan (QHP) Anti‑Discrimination Rules for Benefit Design

Chapter 12  Discrimination Laws for Federal Health Programs and Benefits

I. Introduction  
II. Discrimination Rules for Medicaid
III. Discrimination Rules for Medicare, Medicare Advantage, and Medicare Part D
IV. Discrimination Rules for the Federal Employees Health Benefits Program (FEHBP)
V. Discrimination Rules for TRICARE

Part IV
Chapter 13  Federal Health Care Conscience Statutes

I. Introduction
II. Federal Protections of Free Exercise
III. The Health Care Religious Exemptions and Anti-Discrimination Laws
IV. OCR Enforcement of Federal Conscience and Religious Freedom Laws
V. Conclusion

Table of Cases 
Index