HHS Discrimination Rule Conflicts With LGBTQ Bias Ruling

Law360 (July 14, 2020, 5:23 PM EDT) -- When the U.S. Department of Health and Human Services' Office for Civil Rights and the Centers for Medicare & Medicaid Services recently published a final rule to scale back nondiscrimination regulations first released in 2016, they removed definitions, cut back requirements and left behind a rule that they argued would pave a less burdensome and more narrowly tailored path to compliance.

That same week, however, a U.S. Supreme Court decision broadly interpreted the meaning of "on the basis of sex" — a definition that the recent final rule sought to narrow. With these conflicting viewpoints, covered entities are left wondering how...

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