W. A. Griffin v. Verizon Communications Inc., et al.

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 antiassignment clauses in plan documents against Dr. 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.