Nondiscrimination Final Rule Under The ACA Imposes New Requirements On Hospice Agencies

On May 26, 2016, the United States Department of Health and Human Services (HHS), Office of Civil Rights (OCR), issued the "Nondiscrimination in Health Programs and Activities" final rule, implementing Section 1557 of the Affordable Care Act (ACA). Generally, Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in health programs or activities. The final rule provides guidance to covered entities regarding their legal obligations under Section 1557 and educates consumers about their rights. With certain exceptions, this rule became effective July 18, 2016. Has your agency taken the necessary steps to ensure compliance?

Who is Covered by this Rule?

This rule applies to all entities operating health programs or activities that receive federal financial assistance from HHS, health programs or activities administered by HHS, the Health Insurance marketplaces and the plans offered by issuers that participate in the Marketplaces. The rule refers to these as "covered entities." While federal financial assistance includes Medicaid and Medicare Parts A, C, and D, it does not include payments made under Medicare Part B. Covered entities can include hospitals, health clinics, physicians' practices, community health centers, nursing homes, rehabilitation centers, health insurance issuers, and state Medicaid agencies.

What Does the Final Rule Cover?

Section 1557 builds on existing and long-standing federal civil rights laws and nondiscrimination regulations. This final rule "clarifies and codifies" existing nondiscrimination requirements and provides new protections prohibiting discrimination on the basis of sex in health programs and activities. Generally, an individual shall not, on the basis of race, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any covered entity.

The final rule sets out requirements in the following areas: meaningful access for individuals with limited English proficiency (LEP); effective communication for individuals with disabilities; accessibility standards for buildings and facilities; accessibility of electronic and information technology; reasonable accommodations; equal program access on the basis of sex; nondiscrimination in health-related insurance and coverage; employer liability for discrimination in employee health benefit programs; and nondiscrimination...