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Robin Nagele, Andrea Kirshenbaum, and Elizabeth Hein Present at PBI's Health Law Institute on March 15 and 16

On March 15 and 16, 2022, Robin Locke Nagele, Andrea M. Kirshenbaum, and Elizabeth M. Hein presented virtually in separate sessions of the Pennsylvania Bar Institute's (PBI) Health Law Institute 2022.

  • At 9:00 am ET on March 15th, Ms, Nagele co-presented, "The Health Law Year in Review," with Charlie Artz of Artz McCarrie Health Law and Rick Robinson of Reed Smith LLC. reviewed significant developments in health law and new and important case law and regulatory changes. The review provided attendees the opportunity to explore what is happening across a broad spectrum of health law issues and what is on the horizon in health law.
  • At 10:10 am ET on March 16th, Ms. Kirshenbaum co-presented, "To Compete or Not to Compete: The Future of Competition in Clinical Medicine," with Mandy Rosenblum of The Law Office of Mandy Rosenblum LLC. They discussed past and current laws governing the use of non-competition agreements in clinical medicine, and antitrust law enforcement in health care. They will explored trends that may illuminate the future of competition restrictions, how they might impact the employment market for physicians and other clinical health care providers, and what individual and institutional providers might do about it.
  • At 10:10 am ET on March 16th, Ms. Hein presented, "Section 1557 of the ACA and the Non-Discrimination Rule(s): Compliance for Health Care Providers." Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in covered health programs or activities. Under the Obama Administration, HHS issued a Final Rule that, in key part, defined “discrimination on the basis of sex” to include sex stereotyping and gender identity, providing new protections for LGBTQ patients.  In 2020, under the Trump Administration, HHS issued a new Final Rule removing these protections. Days later, the U.S. Supreme Court issued its decision in Bostock v. Clayton County, Georgia, ruling that sex discrimination under Title VII includes discrimination on the basis of gender identity and sexual orientation. Further rulemaking from HHS is anticipated in 2022. This presentation provided an overview of the current state of affairs with respect to the scope of the discrimination prohibition, and providde practical compliance tips for health care providers.