Nondiscrimination in Healthcare

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.