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Make Sure You Are Compliant with Current Federal Nondiscrimination Law
Posted on: 2/1/2017

A little-known provision (Section 1557) of the Affordable Care Act (ACA) that took effect last year puts in place new requirements concerning nondiscrimination.  

In a nutshell, this provision prohibits discrimination on the basis of race, color, national origin, sex, age or disability.

Physicians solely participating in Medicare Part B are not subject to Section 1557; however, physicians must comply if they accept Medicaid, or meaningful use incentive payments.

View a sample nondiscrimination notice.

Qualifying physicians must place this notice in a prominent area and on the homepage of the practice’s web site, if applicable.

Covered entities are also required to post taglines that indicate the availability of language assistance written in each of the top 15 non-English languages spoken in the physician's state. View the U.S. Department of Health and Human Services' (HHS) 50-state list.

Finally, the provision requires separate notice for significant communications and significant publications that are small in size, such as postcards or tri-fold brochures; only two taglines are required for these materials.

For more information, consult HHS' web page on Section 1557. The American Medical Association also provides this fact sheet.

You may consider contacting your practice attorney for any details specific to your operation.    

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