As we continue our three-part webinar series, McDermott’s litigation and healthcare lawyers will focus on how payors can actively prepare for possible enforcement and litigation stemming from recent and potential changes to anti-discrimination protections and developments in commercial litigation.

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age or disability in certain health programs or activities. The US Department of Health and Human Services (HHS) issued a rule implementing Section 1557 in 2016, and issued a superseding rule in 2020 that rescinded the regulatory definition of “sex” and eliminated certain regulatory obligations. Many plaintiffs have filed lawsuits challenging the rules, with varying degrees of success. Plaintiffs also have been testing the boundaries of Section 1557 to challenge facially neutral reimbursement health plan policies on the basis of disability status. With a new presidential administration now in place, the rules may change again, and further litigation seems likely.

This webinar will focus on three key topics:

• The current state of the law, legal challenges to the HHS rules, and current commercial litigation
• The rulemaking process and how HHS may proceed administratively
• Implications for payors, including recent litigation developments involving health plan reimbursement policies.