By Kim Stanger, Holland & Hart LLP

Under the new ACA Nondiscrimination Rules, covered entities (including most healthcare providers) must post and publish new mandatory nondiscrimination statements and taglines by October 16, 2016.

1. Notice of Nondiscrimination + Taglines: Facility, Website, and Significant Publications. The new mandatory “Notice of Nondiscrimination” must inform persons that:

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 described above;
5. if the covered entity has fifteen or more employees, identification of, and contact information for, the employee responsible for coordinating the covered entity’s compliance as required by the regulations;
6. if the covered entity has fifteen or more employees, the availability of the grievance procedure required by the regulations and how to file a grievance; and
7. how to file a discrimination complaint with the Office for Civil Rights (“OCR”).

(45 C.F.R. § 92.8(a) and (b)(1)). HHS has published a sample Notice of Nondiscrimination, which is available here. Although HHS encourages entities to post the Notice of Nondiscrimination in languages other than English, covered entities are not required to do so. Read more

By Patricia Dean, Holland & Hart LLP

On May 18, 2016, HHS published its final rules implementing the anti-discrimination provisions of the Affordable Care Act § 1557. This is the third of three alerts discussing various aspects of the new rules. This alert focuses on the rules protecting individuals against discrimination based on sex. The first alert (available here) focused on the rules’ requirement for language assistance for persons with limited English proficiency. The second alert (available here) focused on the rules ensuring protections for individuals with disabilities. The final rule goes into effect on July 18, 2016.

Relationship to Other Laws. Section 1557 is the first federal civil rights law to prohibit discrimination “on the basis of sex” (including gender identity and sex stereotyping) in covered health programs and activities. In doing so, it builds on HHS Titles VII and IX, and federal case law to clarify what constitutes sex discrimination and prohibit specific discriminatory practices. It does not preempt or alter other laws, and providers must continue to comply with other state and federal laws in addition to the new ACA nondiscrimination rules. Read more