2016 Presidential Election Aftermath: What Can be Expected in the Labor & Employment Law Space

We continue to analyze and assess what the 2016 election results mean in the Labor & Employment Law space, and what we can expect from a GOP White House, House and Senate.  The last two times that this GOP alignment was present were 1929 and 2007 (let’s hope that the financial events that followed those two occasions – the Great Depression and the Great Recession – do not repeat themselves this time around).

It is difficult to predict what President Donald J. Trump’s actual agenda will be, because his campaign was long on broad concepts and very short on serious, detailed policy presentation. While Candidate Trump said many things, including contradictory things, about many topics, some themes can be discerned from pre-election and post-election comments.  Also, some issues have been on the GOP wish list for some time, but until they could have the alignment of White House and Congress that will be in place in January, those wish list items, as a practical matter, were just wishes.  Here are our impressions about what changes will occur.

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New ACA Rule Changes Hospitals’ Obligations to Provide Auxiliary Aids to Patients and Companions

On September 8, 2015, the Department of Health and Human Services (“HHS”) proposed regulations to implement Section 1557 of the Affordable Care Act.  Section 1557 prohibits certain entities that administer health programs and activities from excluding an individual from participation, denying program benefits, or discriminating against an individual based on his or her race, color, national origin, sex, age or disability.  On May 13, 2016, the HHS Office of Civil Rights issued the final rule implementing Section 1557.  The final rule also prohibits discriminatory practices by health care providers, such as hospitals, that accept Medicare or doctors who participate in the Medicaid program.  The final rule became effective on July 18, 2016.

Section 1557 builds on long-standing federal civil rights laws, including Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, Title III of the Americans with Disabilities Act (ADA), and the Age Discrimination Act of 1975.  The final rule addresses effective communication for individuals with disabilities at section 92.202.  One notable requirement of this new rule is that hospitals must give “primary consideration” to the individual’s preference regarding auxiliary aids for effective communication, such as requests for on-site ASL interpreters and other types of auxiliary aids.

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Complimentary Webinar – Regulatory and Economic Outlook: Health Care Reform and Your Business

The uncertainty of the implications of the Affordable Care Act (health care reform), the current debate over the debt ceiling, federal sequestration and the ever-changing regulatory and legislative environment continue to serve as key sources of confusion and concern for businesses and organizations across the U.S.

On Wednesday, October 9, 2013, from 10 – 11 am eastern, join members of Drinker Biddle’s Lobbying & Advocacy Team and Employee Benefits & Executive Compensation Practice Group for a complimentary webinar that will review the current state of federal fiscal and health policy and outline what you and your company or organization need to know about what’s ahead. The webinar also will provide the tools you need to successfully navigate these unpredictable business, economic and political climates.

Speakers:
Heather B. Abrigo, Counsel, Drinker Biddle
Jodie Curtis, Senior Government Relations Director, Drinker Biddle

Moderator:
Nick Araco, Director of Growth Strategies, Drinker Biddle

Date: Wednesday, October 9, 2013

Time: 10 – 11 a.m. eastern

Location: Webinar

Is Your Business Ready for Health Care Reform? Join Us for an In-person Panel Discussion

Understanding and Preparing for the Changes Coming in 2014

The Patient Protection and Affordable Care Act (ACA) represents the most dramatic change in U.S. health care policy since the introduction of Medicare in 1965.  The ACA contains many requirements that can significantly impact your company’s bottom line.

Join Drinker Biddle and The CEO Trust for a panel discussion on some of the key provisions of the ACA and what your  business can and should be doing to address them. Topics will cover:

  • Required changes in employee health plan options
  • Formulating an insurance strategy tailored to meet the needs of your business
  • The latest from Capitol Hill and last minute efforts to meet the January 2014 insurance exchange deadline

Date: Tuesday, October 15, 2013

Time: 8 – 8:30 a.m.

Location: Drinker Biddle & Reath
One Logan Square
18th & Cherry Streets
Philadelphia, PA 19103-6996

Event Chair:
Chuck Steege, President, SFG Wealth Planning Services, Inc.

Moderator:
Matt Amodeo, Partner, Drinker Biddle

Panelists:
Julie Allen, Government Relations Director, Drinker Biddle
Warren Geller, CEO, Englewood Hospital and Medical Center
Joan Neri, Counsel, Drinker Biddle
Scott Welks, Principal and Consulting Actuary, Milliman