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Nondiscrimination in Healthcare

  • Overview
  • Related Services
  • Thought Leadership

Overview

Federal nondiscrimination law in healthcare is complex and presents challenges to health systems across their operations. Covered healthcare providers, including hospitals and health systems, skilled nursing facilities, and private physician groups, cannot discriminate on the basis of race, color, national origin, age, disability or sex. This can require actions such as providing equal access to healthcare to patients with disabilities and language assistance services to patients with Limited English Proficiency.

Parker Hudson has the experience and knowledge necessary to advise healthcare providers in achieving compliance with federal nondiscrimination law, including under Section 1557 of the Affordable Care Act. Our team includes former U.S. Department of Justice (DOJ) officials who handled civil rights investigations on behalf of the government and who understand how the government approaches these cases. We have successfully represented healthcare providers across the country in investigations into allegations of discrimination brought by the DOJ and the U.S. Department of Health and Human Services Office for Civil Rights. We also have experience representing healthcare providers in private litigation related to these issues.

Parker Hudson is also active in counseling hospitals, health systems, and other providers on the DOJ’s new nationwide Civil Rights Fraud Initiative, through which the DOJ intends to vigorously pursue False Claims Act enforcement actions premised on violations of federal nondiscrimination law. Given its expertise in nondiscrimination matters and the False Claims Act, Parker Hudson is uniquely positioned to proactively advise the healthcare industry on the risks posed by this new Fraud initiative and, when necessary, to defend its clients against any associated enforcement proceedings.

Experience includes:

  • Resolved an investigation by the U.S. Department of Justice into allegations of discrimination against one of the largest health systems in the Southeast.
  • Defended a national healthcare practice in a civil suit brought by a private plaintiff alleging disability discrimination and in a related investigation by the U.S. Department of Justice.
  • Representing providers nationally in U.S. Department of Justice investigations related to The Americans with Disabilities Act (“ADA”) accommodation issues and other allegations of discriminatory practices.
  • Counseled a national physical therapy provider on language access requirements and best practices for individuals with Limited English Proficiency.

Related Services

  • Healthcare Litigation
  • Healthcare Regulatory, Reimbursement & Compliance
  • False Claims Act & Whistleblower Defense

Thought Leadership

  • Client Alert, DOJ Launches Civil Rights Fraud Initiative, Signaling New Risks for Healthcare Providers (May 22, 2025)
  • Drew Stevens, featured, "Navigating Health AI and Nondiscrimination Compliance," American Health Law Association Speaking of Health Law Podcast (April 8, 2025)
  • Drew Stevens, author, "Health AI and Nondiscrimination Due Diligence: Key Considerations if the Section 1557 Regulation Is Rescinded," American Health Law Association, February 28, 2025
  • Drew Stevens, co-presenter, "Health equity + compliance in 2024: How health systems can navigate proposed changes in the ACA's Section 1557," Becker's Hospital Review Webinar, November 2, 2023
  • Drew Stevens, contributor, The Pursuit of Health Equity Through Section 1557: The Foundation of Health Care Civil Rights, AHLA’s Speaking of Health Law Podcast, March 14, 2023
  • Drew Stevens, author, The Pursuit of Health Equity Through Section 1557: The Foundation of Health Care Civil Rights, AHLA Journal of Health and Life Sciences Law, November 2022, Volume 17 Issue 1
  • Drew Stevens, co-author, Third Time’s a Charm? Biden Administration Publishes New Notice of Proposed Rulemaking Under Section 1557 of the ACA, AHLA Health Law Weekly, August 12, 2022
  • Drew Stevens, co-presenter, Language Access Rights in Healthcare: Improve Equity and Avoid Litigation, AHLA Physicians and Hospital Law Institute, February 3, 2022
  • Drew Stevens, presenter, Federal Nondiscrimination Law and Health Equity, Iowa Hospital Association 2021 Annual Meeting, October 7, 2021
  • Drew Stevens, co-presenter, Preventing Sex Discrimination in Healthcare under Section 1557 of Affordable Care Act, AHLA: Physicians and Hospitals Law Conference, February 1, 2021
  • Drew Stevens, co-author, Law as a Social Determinant of Health and the Pursuit of Health Justice, AHLA Health Law Weekly, August 21, 2020
  • Drew Stevens, author, 30 Years After the ADA: Disability Discrimination in Health Care Under Section 1557 of ACA, AHLA Health Law Connections, May 2020, Volume 1, Issue 2

key contacts

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Drew Stevens
Drew Stevens

Of Counsel

David A. O'Neal
David A. O'Neal

Partner

news & insights

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Health AI and Nondiscrimination Due Diligence: Key Considerations if the Section 1557 Regulation Is Rescinded


Mar 07, 2025

Drew Stevens to Present on AI and Nondiscrimination at the AHLA 2024 Complexities of AI in Health Care Conference


May 02, 2024
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