The Finalized Affordable Care Act (ACA) Nondiscrimination Regulations: Best Compliance Practices
Earlier this year, the Office of Civil Rights (OCR) of the Department of Health and Human Services (HHS) issued a final rule implementing Section 1557 of the Patient Protection and Affordable Care Act (ACA), which provides explicit protections against discrimination on the basis of, among other grounds, sex and gender identity in health care and insurance. Moreover, the rule also heightens communication assistance for people with disabilities and for those with limited proficiency in English language. Simply stated, under the nondiscrimination regulations, ACA-covered entities should not deny, cancel, or refuse issuance of health coverage and care to the above protected individuals.
The final rule immediately requires these entities, including employers offering employee benefit health programs who are subject to the rule, to take outright steps to revise any discriminatory provisions in their health and welfare plan documents. However, while it is clear to any health care entity or individual provider to take prompt action, many questions and uncertainties remain. Still, the scope of the discrimination requirements under Section 1557 is too broad. Also, it is sensible to note that while many employers may not be directly subjected to Section 1557, the rule will still impact their plan design if their employee health insurance carrier or third party administrator (TPA) is a covered entity.
In this two-hour LIVE webcast, a panel of key thought leaders and professionals will help employers and entities subject to Section 1557 to understand the scope and limitations of the new regulations. Speakers will also provide the audience with key strategies in ensuring full compliance and will offer the best practices in adapting to future key developments under the ACA.
Some of the major topics that will be covered in this course are:
- Section 1557
- Discrimination in Healthcare
- Immediate Impacts
- Identifying Changes in Employer Obligations
- Effective Date and Timeline for Specific Actions
- Other Legal Challenges to ACA Subsidies
- Compliance Issues and Litigation Risks
- Best Practices in Mitigating Risk
- Up-to-the Minute Regulatory Developments
Jillian N. Jagling, Attorney
Pannone Lopes Devereaux & West LLC
- History of Rule and Law
- Effective date
- Relationship to other laws
- Religious Exemption
- Tribes and Tribal Organizations
- Requirements/Standards: Effective communication for individuals with disabilities; Accessibility of buildings and facilities for individuals with disabilities; Accessibility of electronic and information technology;
- Requirement to make reasonable modifications to policies, practices or procedures; Employer liability for discrimination in employee health benefit programs
Timothy S. Klimpl, Partner
Holm & O’Hara LLP
- Coverage- who is subject to ACA §1557
- Types of prohibited discrimination
- Notice requirement
- Enforcement- who is responsible/how are complaints made
- Alternative languages
Who Should Attend:
- Health Care Service Providers
- Healthcare Law Legal Counsel
- Human Resource Personnel
- Top Level Management
- Employment Law Attorneys
- Healthcare Insurance Companies
- Private and Public Companies
- Other Related/Interested Professionals
Jillian N. Jagling, of Pannone Lopes Devereaux & West LLC in Providence, focuses her practice on health care, corporate and municipal law, providing counsel on issues ranging from health care industry compliance, to corporate formation and dissolution, contract drafting, negotiations and interpretation, trademarks and advising clients on multiple business and municipal matters. Previously, Ms. Jagling was an attorney with a Rhode Island health insurer and served in the United States Army Reserves for eight years, during which time she was with the 3rd Legal Support Operations Unit in Boston, MA as a paralegal. She is a member of the Rhode Island, Massachusetts and New York Bar Associations. Ms. Jagling received her B.A., cum laude, from Assumption College and her J.D., cum laude, from the Roger Williams University School of Law, where she was executive articles editor of the Roger Williams University Law Review.
Jillian N. Jagling, of Pannone Lopes Devereaux & West LLC in Providence, focuses her practice on health care, corporate and …
Timothy S. Klimpl takes a practical approach to the complex array of legal and compliance issues associated with employee benefit plans.
He regularly engages with clients to help them fully understand the law behind their questions and guides them through detailed processes to accomplish their goals. He also helps clients devise efficient and cost-effective approaches to creating and sustaining compliant organizations.
Mr. Klimpl is a member of the American Bar Association and the New York State Bar Association. Mr. Klimpl received his B.A., cum laude, from Syracuse University’s S.I. Newhouse School of Public Communications, and his J.D. from New York Law School, where he received a scholarship and was on the Dean’s List.
Mr. Klimpl represents various collectively bargained, multiemployer and governmental benefit plans. His practice focuses on:
- ERISA: advising clients on fiduciary duties and compliance.
- Pension Protection Act: funding improvement and rehabilitation plans.
- Affordable Care Act: ongoing regulations and guidance, accommodating flexible plan designs.
- Internal Revenue Code Provisions Related to Employee Benefits: tax qualification of entities and Treasury regulations.
Timothy S. Klimpl takes a practical approach to the complex array of legal and compliance issues associated with employee benefit …
Print and review course materials
Method of Presentation:
Experience in health care or employment law
NASBA Field of Study:
Specialized Knowledge - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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About Pannone Lopes Devereaux & West LLC
Pannone Lopes Devereaux & West LLC is a full service law firm that represents clients across the country in multiple disciplines with the highest standards of responsive, cost effective legal services. The firm’s primary practice areas include business law, nonprofit law, health care law, municipal infrastructure, government relations and legislative strategies, employment law, special masterships, criminal defense, estate planning, probate and trust litigation, and real estate development and commercial lending. Our attorneys follow an entrepreneurial approach to servicing clients, work in teams and are cross-trained in multiple disciplines. Extensive experience in all of its practice areas and a collaborative work environment enable Pannone Lopes Devereaux & West attorneys to quickly identify the core issues in any legal matter and prescribe the right legal strategy from concept through resolution.
About Holm & O’Hara LLP
Holm & O’Hara LLP is a dual boutique law firm. Our general practice provides comprehensive legal services for commercial real estate investors, closely-held businesses, corporations and their owners. Our labor law and employee benefits practice represents select unions and Taft-Hartley multi-employer and government plans as defined under ERISA.
We provide the kind of personal attention that clients value when working with a smaller firm, while delivering straightforward solutions to complex matters. Our work has one aim: to protect our clients’ interests while meeting their objectives. To do this, we provide cost-effective, efficient and high quality legal services. From mitigating legal risk, to creating structures for wealth preservation and growth, to ensuring compliance, the attorneys and paraprofessionals at Holm & O’Hara LLP safeguard our clients’ current and future interests.