Neese v. Becerra
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May 10, 2024
What To Know About Biden's ACA Nondiscrimination Rule
Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.
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January 08, 2024
5th Circ. Zeroes In On Standing In ACA Trans Health Fight
A Fifth Circuit panel appeared skeptical Monday of two Texas doctors' capacity to sue over nondiscrimination-in-healthcare policy from the U.S. Department of Health and Human Services, with judges questioning how an HHS notice and a proposed rule put the physicians at legal risk when treating transgender minor patients.
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January 03, 2024
5 January Argument Sessions Benefits Attys Should Watch
The Fifth Circuit will hear arguments this month over whether the Affordable Care Act's anti-discrimination mandate covers sexual orientation and gender identity, and Goldman Sachs workers will seek to revive a class action over proprietary retirement investments.
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July 14, 2023
6 Gender-Affirming Health Care Appeals Attys Should Watch
A crop of discrimination lawsuits challenging state-level gender-affirming care bans and health plan exclusions has quickly bounced up to federal circuit courts, raising the likelihood the U.S. Supreme Court will take up the issue with major potential impacts for patients and their health plans, attorneys say.
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July 11, 2023
Web Designer Ruling Won't Affect ACA Suit, 5th Circ. Told
The federal government told the Fifth Circuit on Tuesday that a recent U.S. Supreme Court ruling letting a website designer refuse services for same-sex weddings shouldn't impact a suit challenging whether the Affordable Care Act can be interpreted in line with the high court's Bostock ruling.
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July 05, 2023
Justices' Ruling Helps Doctors' ACA Challenge, 5th Circ. Told
A group of doctors told the Fifth Circuit that the U.S. Supreme Court's recent ruling backing a Christian website designer who feared potential enforcement actions supports its push to block a federal agency from interpreting the Affordable Care Act in line with the high court's Bostock ruling.
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June 27, 2023
Feds Say Doctors Lack Ability To Challenge ACA Sex Bias Ban
A trial court shouldn't have ruled the Affordable Care Act doesn't bar discrimination based on sexual orientation and gender identity, the federal government told the Fifth Circuit, arguing that a class of doctors shouldn't have been allowed to challenge the government's interpretation because they face no threat of enforcement.
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June 22, 2023
Religious Rights Ruling Bolsters ACA Challenge, 5th Circ. Told
Doctors told the Fifth Circuit on Thursday that a recent ruling backing a separate suit by religious employers who feared hypothetical enforcement actions bolsters the doctors' push to block a federal agency from interpreting the Affordable Care Act in line with the U.S. Supreme Court's Bostock decision.
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May 30, 2023
HHS Misconstrued Bostock, Doctors Tell 5th Circ.
A class of doctors asked the Fifth Circuit to uphold a ruling that the Affordable Care Act doesn't bar discrimination based on sexual orientation and gender identity, saying the U.S. Department of Health and Human Services misunderstood the U.S. Supreme Court's Bostock decision regarding Title VII.
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March 28, 2023
ACA Sex Bias Ban Shields LGBTQ Patients, 5th Circ. Hears
The federal government urged the Fifth Circuit to upend a lower court's ruling that the Affordable Care Act doesn't bar discrimination based on sexual orientation and gender identity, arguing the district court was wrong to find the U.S. Supreme Court's Bostock decision doesn't impact the health care law.