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Nurse Practitioners
Compliance Checkup: What Do You Know About Section 1557?
on February 12, 2019
Does your practice comply with all of the requirements of Section 1557 of the Affordable Care Act? Almost every health care provider must comply with the requirements, which include two forms of nondiscrimination notices and providing language assistance services for certain individuals. For established health care providers, compliance was required by October 16, 2016. Even if you’ve already implemented all of the intricate requirements throughout your practice, use this Compliance Checkup as a reminder to regularly review the notices and procedures you have in place. Let’s cover the basics of Section 1557:
Who?
Any health care provider that receives federal financial assistance from the agencies of the Department of Health and Human Services (such as the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Centers for Disease Control and Prevention, and the Centers for Medicare and Medicaid Services). Section 1557 does not apply to providers that only receive Medicare Part B payments, but it applies to providers who receive any other federal financial assistance, including Medicaid, Medicare Parts A and C, and incentives through programs like MIPS and MACRA. So, if you are a hospital, hospice, home health agency, physician practice, nurse practitioner clinic, ambulatory surgical center, dialysis center, laboratory, or any other provider that receives federal financial assistance, you must comply with Section 1557.
What?
1. Two forms of nondiscrimination notices: a full notice that contains a list of required elements, such as a nondiscrimination statement, statements about auxiliary aids and services for individuals that need them, and taglines in at least the top 15 languages spoken by individuals with limited English proficiency in your state, and an abbreviated nondiscrimination notice. These notices must be posted in certain specified places and on certain documents.
2. Language assistance services for limited English proficient individuals.
3. For employers with more than 15 employees, an individual responsible for compliance with Section 1557 and grievance procedures for Section 1557 complaints.
Compliance with Section 1557 is mandatory and important. Violations and failure to comply may result in suspension or loss of federal funding. In addition, individuals may bring individual or class action claims against a provider, resulting in damages and an award of attorneys’ fees and costs to a plaintiff.
You can find out more about the requirements of Section 1557 here. Contact the health care practice group at Brouse McDowell if you have any questions.
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