The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act ("ADA") Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use disorder ("OUD"). The settlement is notable for health care providers and employers as it makes clear that DOJ considers OUD as a disability under the ADA thereby triggering the full panoply of ADA rights for those with OUD.
The DOJ complaint was premised on the alleged refusal of Selma Medical to schedule a new patient family ...
Written by: Kara M. Maciel and Adam C. Solander
While some employers may have been disappointed with the U.S. Supreme Court’s recent decision affirming the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), there may be a silver lining to the seemingly dark cloud. By virtue of upholding PPACA, the Supreme Court also upheld Section 2705 of PPACA, the provision of the law that will allow employers to provide their employees incentives, up to 30 percent of their premiums, in return for participation in an employer-sponsored wellness program. ...
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