Obamacare Bias Claims Move Toward Consensus, But Still in Flux

Courts construing the Affordable Care Act’s antidiscrimination provision appear to be moving toward a consensus on the standards applicable to cases brought under the law that will affect litigation strategies going forward.

One recent decision said that plaintiffs bringing claims under Obamacare’s antidiscrimination section must comply with the preexisting legal standards and enforcement mechanisms for the four civil rights laws referenced in the law.

It’s consistent with other recent court decisions on Section 1557, Andrew C. Stevens, a litigation associate at Arnall Golden Gregory LLP in Atlanta, told Bloomberg Law.

But other courts have said Section 1557 expanded the legal ...