Objectives of the Presentation
Why Should you Attend
- To review the 4 civil rights laws incorporated into Section 1557
- To discuss ACA's new requirements to prevent sex discrimination
- To explore ACA's new requirements for health insurance companies
- To identify how HHS Office for Civil Rights (OCR) defines "covered entities"
- To list the wide variety of federal funding that applies to the ACA
- To analyze Association Discrimination related to association with members of a protected class
- To examine covered entities' required administrative steps
- To discuss OCR's role in enforcing Section 1557
- To provide resources for implementing Section 1557
Healthcare providers such as hospitals, clinics, physicians, community health centers, nursing homes, home care agencies, health insurance companies (including those found in the Health Insurance Marketplaces), and any other "covered entities" which operate a "health program or activity" have a new civil rights law to incorporate into their operations. The Department of Health and Human Services (HHS) recently issued its final rule to drive health equity and diminish healthcare disparities. This Nondiscrimination in Health Programs and Activities rule is a supplement to Section 1557 of the Affordable Care Act (ACA). Section 1557 is the first federal civil rights law to specifically forbid sex discrimination in both healthcare and healthcare coverage plans by any provider or insurance company that receives federal funding such as Medicare and Medicaid, and so much more. The new law, that specifically addresses sex discrimination in healthcare, protects the rights of transgendered patients with respect to healthcare administered by their provider, their health insurance carrier, and their employer. Sex discrimination also includes discriminatory treatment on the basis of pregnancy, false pregnancy, termination of pregnancy, recovering from pregnancy, childbirth and related medical conditions, sex stereotyping, and gender identity.
It is not only sex discrimination that the ACA prohibits—discrimination based on race, color, national origin, age, disability are also protected classes from discrimination. "Covered Entities" are instructed to provide language assistance for individuals with limited English skills with new rules about who can provide that assistance, and in what format, such as translation of documents and websites and taglines. Individuals with disabilities are likewise protected including a requirement to make websites and other electronic information accessible to those with disabilities.
Who will Benefit
- All Management including team leaders, supervisors, middle managers, directors, and senior leaders, administrators
- Human resources professionals including generalists and HR managers
- Risk Managers
- Physicians, hospitals, clinics, pharmacies, home health agencies, public health agencies, nursing homes, health insurance companies, physician assistants, dentists, dental hygienists, therapists, nurses, nurse practioner, medical technicians, medical assistants, administrative assistants, compliance managers.
Section 1557 of the Affordable Care Act (ACA) prohibits discrimination based on race, color, national origin, sex, age and disability in "any health program or activity" that receives federal financial assistance (Medicare, Medicaid, grants, etc.) or any program or activity that is administered by an Executive Agency or any agency established under the ACA. Its purpose is to assist patients in accessing quality, affordable healthcare recognizing equity within our healthcare system and to reduce healthcare disparities. After receiving months of public comments and feedback on a proposed Final Rule for Section 1557, it was rolled out in July 2016. In addition to the rule impacting providers, it also includes health insurance companies in Federally Facilitated Marketplaces and State-based Market places, and health insurance organizations acting as third-party administrators for self-insured group health plans. This rule also provides the ability of individuals to sue any provider or insurance company for failure to abide by the new law.