While the Patient Protection and Affordable Care Act, or ACA, allows a person to assert a claim for discrimination, the court is unaware of any case law that supports an independent cause of action under the ACA for retaliation outside the employment context.
Background
Nia Lucas and her minor child, A.M., who are proceeding pro se, bring this action under § 504 of the Rehabilitation Act, Title III of the Americans with Disabilities Act, or ADA, and § 1557 of the ACA, alleging disability discrimination and retaliation.
After defendants moved to dismiss the complaint, plaintiff withdrew all claims made on behalf of her minor child. Based upon other statements made by the plaintiff, the court will construe the complaint as alleging discrimination and retaliation claims under the ACA alone and not under the Rehabilitation Act or the ADA.
Discrimination
To state a claim for a § 1557 violation under the ACA, plaintiff must allege facts adequate to state a claim under one of the four federal nondiscrimination statutes incorporated into § 1557. Because plaintiff speaks of both race and disability discrimination in her complaint, the court will analyze whether plaintiff has alleged facts adequate to state a claim of race discrimination under Title VI of the Civil Rights Act and disability discrimination under the Rehabilitation Act.
Taking the complaint as a whole, the court finds that the complaint fails to plausibly allege that defendants engaged in intentional racial...
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