Section 1557 of the Affordable Care Act provides that entities covered by the Act which receive federal funds are prohibited from discriminating on the basis of race, color, national origin, sex, age or disability. But since the provision’s enactment and the U.S. Department of Health and Human Services’ promulgation of a regulation creating a private right of action for alleged discrimination under the Act, courts have disagreed on whether a private right of action exists to enforce Section 1557. This Comment summarizes the courts’ confusion in applying the holding of Alexander v. Sandoval and Chevron deference to the nondiscrimination provision of the ACA and concludes federal courts should adopt the approach of the U.S. District Court in Rumble v. Fairview Health Services and allow plaintiffs to proceed with a private right of action to enforce Section 1557.
Response or Comment
Allison Tinsey, Comment, Private Right of Action Jurisprudence in Healthcare Discrimination Cases, 20 Rich. Pub. Int. L. Rev. 305 (2017).