Whether plan administrators discriminated against an African American female provider under Section 1557 of the Affordable Care Act

QUESTIONS PRESENTED W. A. Griffin is a medical provider. Prior to rendering medical services to patients, the provider requires patients to execute a legal assignment of benefit and rights. The assignment permits the provider to stand in the patients’ shoes to appeal and sue for unpaid bills. The Eleventh Circuit found no discrimination ; under Section 1557 of the Affordable Care Act when the plan administrator used anti~ assignment clauses in plan documents against Dr. ; a Griffin, an African American, female provider, while simultaneously permitting white, male providers to stand in their patients’ shoes under the identical assignment of benefit policy in other . federal lawsuits. The questions presented are: Whether or not it can be reasonably inferred that plan administrators are liable for discrimination under Section 1557 of the Affordable Care Act when federal dockets show : that the plan exclusively permitted white, male . providers (“Good Old Boys Club”) to purse litigation as provider assignees, but used written plan anti-assignment provisions only against Dr. Griffn. Whether or not an employer and/or a third party plan administrator that sponsors, funds, and administers a welfare benefit plan that receives federal financial assistance in the form of healthcare credits and/ or Medicare subsidies, is liable under Section 1557 of the Affordable Care Act for discrimination in the plan design.