Physicians must post notices of nondiscrimination by Oct. 17

Wednesday, October 12, 2016 03:04 PM

Under new HHS rules implementing the ACA nondiscrimination provision, covered entities (which includes most health care providers) must post and publish new mandatory nondiscrimination statements and taglines by Oct. 17, 2016. The final rule coordinates existing federal nondiscrimination laws, regulations, and policy regarding race, color, national origin, age and disability as they apply to health care coverage and care. The rule codifies HHS’s long-standing policy guidance on language assistance for individuals with Limited English Proficiency (LEP), and incorporates provisions of the Americans with Disability Act (ADA) to prohibit disability-based discrimination in health programs and activities.

The rule applies to those who provide or administer health-related services or insurance coverage and receive “federal financial assistance.” Federal financial assistance includes Medicare, the Children’s Health Insurance Program, Medicaid, meaningful use incentive payments, HHS grants, Centers for Medicare and Medicaid Services gain-sharing demonstration projects, federal premium and cost-sharing subsidies, etc.

The rule does not apply to physicians who only receive payments from Medicare Part B (traditional Medicare), unless they are also receiving meaningful use incentive payments.

Covered physicians must:

• By Oct. 17 post a notice of nondiscrimination and taglines in the top 15 languages in the state.
• Designate a compliance coordinator and adopt grievance procedures (applicable to group practices with 15 or more employees).
• Covered entities are encouraged to develop and implement a language access plan.

For more information and sample documents, click here.

One company, CTS Language Link, can provide translation services for a fee. Visit their website at www.ctslanguagelink.com or call (855) 295-9177 for more information. According to their representative, the cost to use the firm’s translation service is $1.60 per minute and there is no minimum monthly fee. Note that this does not represent an official endorsement by CMS.