HIPAA Blog

[ Monday, December 26, 2016 ]

 

Section 1557 of the ACA: Notice of Non-Discrimination. I'm going through old emails, and had kept this one, knowing I should make a blog post on it.  This goes on the list of things too many HIPAA covered entities fail to do (like good risk analyses, policies and procedures, etc.).  

This is actually old news, but part of the ACA requires all HIPAA covered entities to notify patients (providers), beneficiaries (health plans), and the general public (everyone) that they don't discriminate.  This specifically requires every covered entity to post a notice that it does not discriminate, in 15 languages.  That's right, 15 languages.  In the overall US, those are Spanish, Chinese, Vietnamese, Korean, Tagalog, Russian, Arabic, French Creole, French, Portuguese, Polish, Japanese, Italian, German, and Persian (Farsi).  BUT, that's not the list; you have to translate into hte 15 most common languages IN YOUR OWN STATE!  Here's a little help for you, courtesy of the AOA.  The AOA webpage also provides a template for filing in a tagline poster, as well as a few states that have already done theirs.  If you've done your own poster, consider sharing it with the AOA. 


The good news is that HHS has provided the form of notice for you.  The bad news is that they are ridiculously disorganized.  If you haven't already done so, go here, and print out all of the notices of nondiscrimination and statements of nondiscrimination, in each language, and stuff them in a drawer somewhere in case someone asks.  Than print out this language, and post it somewhere.  But you also have to put up a poster.  Some companies offer to sell posters for you; I can't say whether they are right or not.

This is of a piece with so much dumb stuff HHS does.  How relevant is this, really?  Doing a risk analysis is important; how important is it to put up a poster in languages nobody speaks?  I'm guessing that for the vast majority of covered entities, there will NEVER be a person who sees that poster that speaks at least 12 of those languages.   

This is stupidity.  This is make-work.  This is pure virtue-signalling. This, in and of itself, is reason for repealing the entirety of the Affordable Care Act.  

I rest my case.

The text of the regulation:

§92.8   Notice requirement. (a) Each covered entity shall take appropriate initial and continuing steps to notify beneficiaries, enrollees, applicants, and members of the public of the following: 

(1) The covered entity does not discriminate on the basis of race, color, national origin, sex, age, or disability in its health programs and activities; 
(2) The covered entity provides appropriate auxiliary aids and services, including qualified interpreters for individuals with disabilities and information in alternate formats, free of charge and in a timely manner, when such aids and services are necessary to ensure an equal opportunity to participate to individuals with disabilities; 
(3) The covered entity provides language assistance services, including translated documents and oral interpretation, free of charge and in a timely manner, when such services are necessary to provide meaningful access to individuals with limited English proficiency; 
(4) How to obtain the aids and services in paragraphs (a)(2) and (3) of this section;
(5) An identification of, and contact information for, the responsible employee designated pursuant to §92.7(a), if applicable; 
(6) The availability of the grievance procedure and how to file a grievance, pursuant to §92.7(b), if applicable; and 
(7) How to file a discrimination complaint with OCR in the Department. 

(b) Within 90 days of the effective date of this part, each covered entity shall: 
(1) As described in paragraph (f)(1) of this section, post a notice that conveys the information in paragraphs (a)(1) through (7) of this section; and 
(2) As described in paragraph (g)(1) of this section, if applicable, post a nondiscrimination statement that conveys the information in paragraph (a)(1) of this section. 

(c) For use by covered entities, the Director shall make available, electronically and in any other manner that the Director determines appropriate, the content of a sample notice that conveys the information in paragraphs (a)(1) through (7) of this section, and the content of a sample nondiscrimination statement that conveys the information in paragraph (a)(1) of this section, in English and in the languages triggered by the obligation in paragraph (d)(1) of this section. 

(d) Within 90 days of the effective date of this part, each covered entity shall: 
(1) As described in paragraph (f)(1) of this section, post taglines in at least the top 15 languages spoken by individuals with limited English proficiency of the relevant State or States; and 
(2) As described in paragraph (g)(2) of this section, if applicable, post taglines in at least the top two languages spoken by individuals with limited English proficiency of the relevant State or States. 

(e) For use by covered entities, the Director shall make available, electronically and in any other manner that the Director determines appropriate, taglines in the languages triggered by the obligation in paragraph (d)(1) of this section. 

(f)(1) Each covered entity shall post the notice required by paragraph (a) of this section and the taglines required by paragraph (d)(1) of this section in a conspicuously-visible font size: 
(i) In significant publications and significant communications targeted to beneficiaries, enrollees, applicants, and members of the public, except for significant publications and significant communications that are small-sized, such as postcards and tri-fold brochures; 
(ii) In conspicuous physical locations where the entity interacts with the public; and
(iii) In a conspicuous location on the covered entity's Web site accessible from the home page of the covered entity's Web site. 
(2) A covered entity may also post the notice and taglines in additional publications and communications. 

(g) Each covered entity shall post, in a conspicuously-visible font size, in significant publications and significant communications that are small-sized, such as postcards and tri-fold brochures: 
(1) The nondiscrimination statement required by paragraph (b)(2) of this section; and
(2) The taglines required by paragraph (d)(2) of this section. 

(h) A covered entity may combine the content of the notice required in paragraph (a) of this section with the content of other notices if the combined notice clearly informs individuals of their civil rights under Section 1557 and this part.



Jeff [12:53 PM]

Comments: Post a Comment
http://www.blogger.com/template-edit.g?blogID=3380636 Blogger: HIPAA Blog - Edit your Template