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Analyzing Federal Scrutiny of Gender-Affirming Care and Minority-Focused Healthcare Initiatives and the Impact on Hospitals and Employer Health Plans

Navigating the Risks of Compliance and Noncompliance

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Thursday, April 3, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will examine the recently issued executive order (EO) prohibiting or limiting gender-affirming care for individuals under the age of 19 and its impact on healthcare providers and employer health plans. Our panel will also examine the recently issued EOs and increased scrutiny on minority-focused healthcare initiatives and their impact on hospitals and healthcare provider organizations. The expert panel will provide an in-depth look at the EOs, the potential legal and operational issues created for hospitals, healthcare providers, and other organizations, and the risks of compliance and noncompliance where the executive orders may be at odds with federal and state law.

Description

On Jan. 28, 2025, the Trump administration issued the executive order "Protecting Children from Chemical and Surgical Mutilation" that targets GAC for individuals under the age of 19. The EO raises questions for healthcare providers and their counsel on how to comply with the EO while not violating federal and state antidiscrimination laws.

The EO provides directives to various executive agencies, including HHS, to restrict the availability of GAC services to minors. The HHS directives include: (1) leveraging Medicare and Medicaid participation to preclude GAC; (2) repealing HHS' current guidance on "HHS Notice and Guidance on Gender Affirming Care, Civil Rights and Patient Privacy" which provides protection under Section 1557 of the ACA and HIPAA, and revising agency rules that implement Section 1557 and government programs to comply with the EO; and (3) taking other regulatory and sub-regulatory action as described to ensure compliance with the administration's policy.

Counsel should understand the EO's requirements and the risks of both compliance and noncompliance for their healthcare clients. For example, complying with the EO may expose healthcare providers in certain jurisdictions to state law risks, including violations of state nondiscrimination laws and ethical guidelines that prohibit discrimination based on gender identity and sexual orientation in the delivery of care. On the other hand, providers are at risk of having federal funding withheld or being the targets of enforcement actions if they do not comply.

Listen as our expert panel provides an in-depth look at the EO targeting GAC for minors. The panel will examine the EO's requirements as well as the remaining questions created by the EO. The panel will discuss potential risks to healthcare providers for compliance and noncompliance. The panel will also offer best practices for helping clients navigate this evolving regulatory landscape.

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Outline

  1. Introduction
    1. GAC regulatory overview to date
  2. The EO
    1. Purpose
    2. Prohibitions and directives
    3. Enforcement
    4. Timeline
  3. EO impact
    1. Federal agencies
    2. Research
    3. Interaction with federal and state laws
    4. Healthcare providers: legal and operational issues
    5. Others
  4. Risks of compliance and noncompliance
  5. Remaining questions
  6. Practitioner takeaways

Benefits

The panel will review these and other important considerations:

  • What are the EO's directives to HHS? How will this affect agency rulemaking?
  • What legal and operational issues may arise for healthcare providers as a result of the EO?
  • What potential risks arise for healthcare providers if they comply with the EO? If they do not comply with the EO?
  • What are best practices for guiding clients through the compliance challenges created by the EO?

Faculty

Fosheim, Gregory
Gregory E. Fosheim

Partner
McDermott Will & Emery

Mr. Fosheim provides counsel on a wide array of corporate, transactional and regulatory compliance matters across the...  |  Read More

Tiemann, Brian
Brian J. Tiemann

Partner
McDermott Will & Emery

Mr. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters...  |  Read More

Torain, Tony
Tony W. Torain, II

Partner
McDermott Will & Emery

Mr. Torain provides strategic and trusted counsel to multinational corporations in labor and employment disputes,...  |  Read More

Attend on April 3

Cannot Attend April 3?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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