Providers this week are required to begin publicly posting nondiscrimination notices, including disclosures that they provide language assistance services for individuals with limited English proficiency.
The requirement was outlined in a mega anti-discrimination rule that was finalized in May. It carries out the anti-bias provisions in the Affordable Care Act. The policy applies to any provider or program that accepts federal dollars.
To assist stakeholders in drafting the public notices, HHS issued sample notifications and taglines that can be used to meet these obligations.
As of Oct. 16, the notices must be displayed prominently within the entity's physical location, the provider's homepage online and on all “significant communications and significant publications.”
The notices must contain a statement that the provider does not discriminate on the basis of race, color, national origin, sex, gender identity, age or disability. They also must include contact information for the person responsible for ensuring anti-discrimination compliance.
It's also possible that with all the various policies outlined in the rule that some organizations may have forgotten about the requirement to post the notice.
“Public disclosure is an area easily missed and one many providers may not have prepared to address,” according to an analysis on the rule by law firm McGuireWoods.