October 28, 2021

Volume XI, Number 301

Advertisement
Advertisement

October 27, 2021

Subscribe to Latest Legal News and Analysis

October 26, 2021

Subscribe to Latest Legal News and Analysis

October 25, 2021

Subscribe to Latest Legal News and Analysis
Advertisement

Are You In Compliance With The Notice Requirements of the Nondiscrimination Rules?

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Covered Entities that receive Federal financial assistance from HHS are now required to post taglines (which indicate in various languages how an individual may obtain language assistance services) and  include a Notice of Nondiscrimination (“Nondiscrimination Notice”) in their “significant” publications and communications.  A Covered Entity’s HIPAA Notice of Privacy Practices qualifies as a “significant” publication.  A Covered Entity may choose to continue to distribute its current stock of Notice of Privacy Practices forms that were printed prior to July 18, 2016, but are encouraged to include an insert of the required Notice with such forms.

In addition, Covered Entities are required to post hard copies of the Nondiscrimination Notice in public spaces of the office or facility and post the Nondiscrimination Notice on the entity’s Web site. A Covered Entity may include a link in a conspicuous location on its Web site’s homepage that immediately directs an individual to the content of the Nondiscrimination Notice that is located elsewhere on the Web site.  Further, as an alternative to posting the full text of the taglines, Covered Entities may post  “in language” Web links conspicuously on the home page that direct an individual to the full text of the tagline.  Please note that the Nondiscrimination Notice must be in a “conspicuously-visible font size” so that patients and their families can reasonably be expected to see and read the information.

A Covered Entity is also required to submit to HHS an Assurance of Compliance form; and for a Covered Entity that has 15 or more employees, it must designate an employee as a compliance coordinator and adopt a written grievance procedure to comply with Section 1557. 

Visit HHS.gov for additional Section 1557 information and translated resources.

Copyright © 2021 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume VII, Number 257
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Anthony Brett, Womble Carlyle Law Firm, Winston Salem, Healthcare Law Attorney

Tony Brett represents hospitals and other health service providers in North Carolina and elsewhere. He provides an overall industry perspective and an understanding of the multifaceted issues confronting health care providers, including regulatory compliance, business planning needs and administrative issues. His ability to customize advice for each client, depending on its particular market conditions, helps clients identify the business options that are feasible to create a workable plan to seek optimal results on each project. Tony also represents health care...

336-721-3620
Jill Girardeau, Womble Carlyle Law Firm, Healthcare Law Attorney

Jill's practice focuses on representing health care providers and others in the health care industry in a wide range of regulatory issues. Her regulatory experience includes assisting clients with the following:

  • HIPAA Privacy and Security compliance, including compliance with the HITECH Act and Breach Notification Rule;

  • Stark Law compliance;

  • Federal Anti-Kickback Statute issues;

  • Implementation and use of health information...

404-879-2426
Laramie Paras, Womble Carlyle Law Firm, Greenville, Healthcare Law Attorney

Laramie is a member of the Healthcare Practice Group and her work focuses on regulatory and compliance issues including HIPAA Privacy and Security and the Federal fraud and abuse laws. She also has transactional experience advising clients on various agreements, including those involving confidentiality, clinical trials, and business associates. Laramie’s insights are especially helpful to hospitals, healthcare systems, and other healthcare providers.

864-255-5435
Advertisement
Advertisement
Advertisement