By Aris Medical Solutions
Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Section 1557 builds on longstanding and familiar Federal civil rights laws: Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975. Section 1557 extends nondiscrimination protections to individuals participating in:
- Any health program or activity any part of which received funding from HHS
- Any health program or activity that HHS itself administers
- Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces.
Section 1557 has been in effect since its enactment in 2010 and the HHS Office for Civil Rights has been enforcing the provision since it was enacted.
This provision goes much further than most practices are aware of including the fact this rule became effective July 18, 2016.
- Take steps to ensure 1557 has been addressed:
- Assign a Civil Rights Coordinator;
- Revise your policies and procedures;
- Incorporate a general assessment evaluation;
- Review the patient intake process;
- Track all requests for auxiliary aids and services;
- Monitor performance of interpreter services to ensure effective communication;
- Review your complaint process;
- Post a Notice of Nondiscrimination;
- Post a Nondiscrimination Statement; and
- Conduct mandatory training for all staff.
Title II of the Americans with Disabilities Act of 1990 (Title II), Section 504 of the Rehabilitation Act of 1973 (Section 504) and Section 1557 of the Affordable Care Act of 2010 (Section 1557) requires an entity to take steps to ensure communication with individuals with disabilities is as effective as communication with others through the use of appropriate auxiliary aids and services. This includes people with as well as language barriers.
OCR has modified the notice requirement in § 92.8 to exclude publications and significant communications that are small in size from the requirement to post all of the content specified in § 92.8; instead, covered entities will be required to post only a shorter nondiscrimination statement in such communications and publications, along with a limited number of taglines. OCR also is translating a sample nondiscrimination statement that covered entities may use in fulfilling this obligation.
In addition, with respect to the obligation in § 92.8 to post taglines in at least the top 15 languages spoken nationally by persons with limited English proficiency, OCR has replaced the national threshold with a threshold requiring taglines in at least the top 15 languages spoken by limited English proficient populations statewide.
Samples can be downloaded here:
https://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html
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