March 2015
By: James B. Sherman, Esq.
In what is believed to be the first case to allege
discrimination under the often overlooked civil rights provisions of the
Affordable Care Act (ACA), a federal district court judge in Minnesota recently
denied motions to dismiss a lawsuit filed against two Minneapolis area health
care organizations. The lawsuit accused the defendants of sex
discrimination by rendering substandard health care to the plaintiff based on his
status as a transgender man. Judge Susan Nelson noted that this was a
case of first impression under the relevant antidiscrimination provisions of
the ACA, also known as Obama Care. The ruling allows the case to proceed
with further discovery on the ACA claims as well as related claims brought
under the Minnesota Human Rights Act.
With all the attention given to participation and coverage
issues under the sweeping new provisions of the ACA, its civil rights
provisions have gone largely unnoticed by the public. The ACA prohibits
health programs and activities receiving federal financial assistance from
taking the following actions on the basis of race, color, national origin, sex,
age, or disability: (1) exclusion from participation in such programs or
activities; (2) denial of benefits; or (3) discrimination. This first known case brought under these
provisions of Obama Care will be closely watched, since it may prove to be just
the start of an explosion in the number of lawsuits alleging discrimination in
the provision of healthcare in America.
Questions about discrimination, the ACA or any related matters? Please contact James B. Sherman at (952) 746-1700 or jasherman@wesselssherman.com.
For a copy of this landmark decision, email Christine Beggan at chbeggan@wesselssherman.com or call (952) 746-1700.
