Case 1:20-cv-01630-JEB Document 75-2 Filed 08/13/21 Page 6 of 74
with disabilities Preventing Age Discrimination Revisit requirements regarding exhaustion of administrative remedies under the Age Discrimination Act of 1975 Application/Covered Entities/Religious Exemptions Expand application of Sec. 1557 to all health insurers, third party administrators, short term limited duration plans Affirm 1557 applicability to all federal health programs and activities (and not just those established under ACA Title I) Eliminate the exemption of Medicare Part B providers (as well as from Title VI and Section 504) Require that all subcontractors of covered entities are subject to Sec. 1557 Apply nondiscrimination on the basis of association to providers and caregivers Expand Sec. 1557 implementation and compliance procedures to all federal fund recipients, not merely those with 15 or more employees Expand application of Sec. 1557 to employees of covered entities on a Do not incorporate exemptions in Sec. 1557 beyond those expressly enumerated in the ACA Refrain from incorporating Title IX exemptions and promulgate new regulations irrespective of Franciscan Alliance which does not preclude new Sec. 1557 rulemaking Do not incorporate the religious and abortion provision and funding exemptions from Title IX into Sec. 1557 because they are unnecessary and would expand already harmful denials of care Prohibit religious and abortion exemptions that result in denials and delays in providing health care to individuals and discourage individuals from seeking necessary care, with serious and sometimes life-threatening results Prohibit health care professionals from opting out of providing medically necessary services which disregards evidence-based standards of care Prohibit religious and moral exemptions that would harm any third party and are barred by the Establishment Clause of the First Amendment Enforcement Clarify that the same scope of claims and remedies exist under Section 1557 regardless of the type of discrimination, or stay silent on this question Explicitly articulate a cause of action for claims of intersectional discrimination
