Researched by Lan Pratt, Natick Dental
Since July 18, 2016 when Section 1557 became effective dental practices have been trying to wade through the final rules to determine compliance. For many this subject remains a gray area and can be confusing. As recent as October 16, 2016 the nondiscrimination notices rule has taken effect which requires that notices pertaining to nondiscrimination and availability of translation services be placed in the office.
What is Section 1557?
Section 1557 is a provision in the Affordable Care Act that protects individuals from discrimination against race, color, national origin, sex, age, or disability in certain health programs or activities. Individuals are protected if they participate 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.
(hhs.gov, 2016)
Who must comply?
Practices receiving funding from the government for certain healthcare services or activities must comply with Section 1557 final rules. Additionally, practices accepting insurances sold on the Healthcare Exchange/Healthcare Marketplaces must be in compliance. According to some insurance carriers, if patients have purchased dental insurance through the exchange and the dental practice accepts the insurance, the dental practice must comply with Section 1557. For instance if Delta Dental is purchased through the Healthcare Marketplace and you take Delta Dental at your practice, the practice must comply with Section 1557. The most important thing to understand is that each practice is different as each practice accepts different insurances and has a different patient base. Therefore you must check with your carriers regarding whether or not they are sold on the Exchange and you can also contact the Office of Civil Rights for further clarification.
What are the recent requirements?
A nondiscrimination notice in English and statements in the top 15 languages of the state regarding translation service availability must be posted in the office. Further, the nondiscrimination notice must be available upon request in the top 15 languages of the state. For practices with 15 or more employees, a Civil Rights Coordinator must be designated and listed on the notice. Translation services must be available for individuals who are not proficient in English. There are other requirements concerning nondiscrimination statements being posted on your website and printed materials. The ADA or HHS has a list of these guidelines and can be easily accessed through their websites.
Where can you go for more information?
Below is a list of useful links to help navigate through Section 1557:
1557 Summary – http://www.hhs.gov/civil-rights/for-individuals/section-1557/summary/
Translations – http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html
FAQs – http://success.ada.org/en/regulatory-legal/section-1557/section-1557-faq or http://www.hhs.gov/sites/default/files/section-1557-final-rule-faqs.pdf
ADA https://success.ada.org/en/regulatory-legal/section-1557
