Bass, Berry & Sims attorney Doug Dahl provided comments for an article detailing the latest compliance deadline for healthcare entities subject to Section 1557 of the Affordable Care Act (ACA). Under the regulations, which were issued in May, it is now illegal for any healthcare entity that receives federal funding to discriminate against patients on the basis of sex, race, color, national origin, age and disability. Beginning on October 16, 2016, all entities receiving government funding from Health and Human Services, including Medicaid and Medicare, are required to provide and post nondiscrimination notices. One challenge that Doug points out in the article is “that covered entities have been struggling with figuring out where to post notices and which publications qualify as significant enough to include them.”
Continue Reading Notification Rule for Federal Health Care Law Outlawing Gender and Sex Discrimination Takes Effect

Section 1557 of the Patient Protection and Affordable Care Act (ACA) prohibits any health program or activity that receives federal funding (currently limited to federal funding from the Department of Health and Human Services (HHS)) from discriminating against an individual on the basis of race, color, national origin, sex, age or disability.  Notably, HHS has described Section 1557 as the first civil rights law banning discrimination on the basis of sex in the provision of healthcare services, which includes discrimination based on gender identity, gender expression and transgender status.

While Section 1557 has technically been in effect since the passage of the ACA in 2010, HHS’ Office of Civil Rights (OCR) released final regulations in May of this year, finalizing some key compliance requirements.  Many of the new procedural requirements introduced by the final regulations went into effect on July 18, 2016.  However, perhaps the most significant requirement – the requirement to provide and post nondiscrimination notices – becomes effective on October 16, 2016 (a Sunday).¹Continue Reading ACA Section 1557 – October Nondiscrimination Notices Loom Near

Under new federal regulations, issued in May 2016 with an initial compliance deadline of July 16, 2016, it is now illegal for any healthcare provider that receives federal funding from HHS to discriminate on the basis of sex, race, color, national origin, age and disability.  While many healthcare providers already have in place general nondiscrimination policies, it is important to point out that:  (1) Section 1557 is the first federal civil rights law to broadly prohibit healthcare providers (e.g., certain physician practices, hospitals and health insurers) from discriminating on the basis of gender, gender identity, pregnancy and sex stereotyping; and (2) it will require covered providers to comply with a whole host of new requirements, including appointing a Section 1557 compliance coordinator, adopting a grievance procedure and providing notices.  Notices must be in place by mid-October in order to be in full compliance.  Section 1557 also will require the entities take reasonable steps to provide meaningful access to healthcare services to individuals with limited English proficiency and to individuals with disabilities.
Continue Reading Impact of ACA Section 1557 on Administration of Healthcare Services