Court Enjoins Part of Final ACA Nondiscrimination Rule (Section 1557)

On December 31, 2016, United States District Court for the Northern District of Texas Judge Reed O’Connor issued a preliminary injunction, enjoining the Department of Health and Human Services’ (“HHS”) Office of Civil Rights (“OCR”) from enforcing certain provisions of  OCR’s final rule implementing the Patient Protection and Affordable Care Act’s (“ACA”) prohibition against discrimination (section 1557).  Specifically, OCR is enjoined from enforcing the prohibition of discrimination on the bases of “gender identity” and “termination of pregnancy” in its final rule.  Franciscan Alliance, Inc. v.  Burwell, No. 7:16-cv-00108-O (N.D. Tex. Dec. 31, 2016).