Civil Rights in Health Care: Recent Regulatory Changes and Cases to Watch

This year, the HHS Office of Civil Rights published two final rules clarifying, updating, and strengthening the implementing regulations for Section 504 of the Rehabilitation Act of 1973 and Section 1557 of the Affordable Care Act. Both laws prohibit discrimination in covered programs and activities that receive federal financial assistance directly or indirectly from HHS. Section 504 protects individuals with disabilities while Section 1557 and its latest implementing regulations prohibit discrimination on the basis of race, color, national origin, age, disability, or sex (including pregnancy, sexual orientation, gender identity, and sex characteristics). The Americans with Disabilities Act, which closely tracks Section 504, prohibits discrimination against individuals with disabilities and requires public and private health care entities to provide equal access to their services regardless of whether they receive federal financial assistance.

This program will cover:

• A broad overview of the most significant requirements of these three laws;
• Highlights of the most impactful recent changes to Sections 504 and 1557 implementing regulations;
• Some recent caselaw interpreting and applying these civil rights laws;
• Pending 9th Circuit cases to watch in this area; and
• Pending legal challenges to the recently finalized regulations implementing Sections 1557 and 504.

Jeanne Varner Powell is the senior legal risk consultant for the Mutual Insurance Company of Arizona (MICA) Risk Team. In this role, she passes on to MICA insureds what she learned during 20 years of defending medical malpractice cases. She develops written content to educate physicians, advanced practice providers, and ambulatory care practices about medical professional liability risks. She also consults with insured physicians and their practices on risk management issues, risk reduction strategies, and improving patient outcomes. In addition, she contributes articles to local medical societies and other health care professional organizations and gives presentations on risk management issues to students enrolled in graduate medical education programs.

Prior to joining MICA in 2020, Jeanne defended hospitals, care facilities, physicians, and other health care professionals in medical malpractice cases. Outside the office, you can find her on horseback exploring new country or chasing cows, hiking, and camping.

Location

To Register

Regardless of membership, you must login to purchase tickets. To do so:

1.      Under ticket information, click “login to purchase”

2.      This will take you to the login page. If you are a member, use the login information utilized for your membership. If you are a non-member, you will need to create an account to purchase a ticket. Non-members who have not created an account yet, must select “Register” along the bottom next to “Lost your password?”

3.      From there, you will create an Account by entering a username, name, email address, and password. Then select “Complete Sign Up.”

4.      The account will need to be activated by using the link in a confirmation email sent to the registered email address. Once the account is activated, you will login using the credentials provided (username and password).

5.      Once logged in, navigate to the Program page and select the number of tickets needed and select “Get Tickets” to proceed with the checkout process.

Should you have any questions or issues with the registration process, please contact us at azhealthcareattorneys@gmail.com.

Once you have registered online, you will receive a calendar invitation and information about attending or accessing the program, depending on ticket type. The program cost is as follows:

·      Member – $20

·      Non-Member – $40

·      Student Member – $5

·      Student Non-Member – $25

Interested in becoming an AzSHA Member? Sign-Up Here.

The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1 hour of CLE credit toward your annual requirement for the State Bar of Arizona.