Section 1557 of the Affordable Care Act (entitled “Nondiscrimination”) prohibits discrimination in healthcare on the basis of race, color, national origin, disability, age, and sex. Section 1557 is the first civil rights law to specifically target the healthcare industry, and the first civil rights law to prohibit discrimination on the basis of “sex” in healthcare.
Under HHS’s regulation, healthcare providers must also take immediate action for compliance. Specifically, providers that accept federal financial assistance must : 1) adopt a grievance procedure to resolve complaints of discrimination; 2) designate an employee responsible for compliance with Section 1557; and 3) post nondiscrimination notices (in multiple locations), along with short “tag-lines” that must be translated into the top 15 languages spoken in the relevant state. This presentation will therefore summarize the legal landscape under Section 1557 and its regulation, review recent legal developments and litigation, and detail practical steps that healthcare providers should take to minimize risk and achieve compliance.
1. Discuss the legal prohibitions, requirements, and risk under the Affordable Care Act’s nondiscrimination provisions
2. List concrete steps and best practices for operationalizing compliance with Section 1557’s regulation and minimizing risk associated with Section 1557
Target Audience: Healthcare providers, including nurses, physician assistants, and physicians. Hospital and health system executives, including chief diversity officers. In-house counsel for healthcare providers, including compliance and litigation counsel.