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Affordable Care Act (ACA); Discrimination; Interpreter and More: Complying with Section 1557: OCR and CMS Hospital CoPs
- Recall that CMS has proposed changes to the hospital CoPs regarding the Section 1557 rules on nondiscrimination
- Discuss that hospitals are required to post a sign regarding nondiscrimination
- Describe that the hospital must 15 taglines so patients are aware they are entitled to an interpreter at no cost
- Recall that the Office of Civil Rights is the main enforcer of Section 1557
- Discuss that the hospital must have a person in charge to work with patients who file a grievance related to nondiscrimination
Overview of the webinar
Section 1557 of the Affordable Care Act (ACA) forbids discrimination based on sex, race, color, national origin, age and disability. It builds on longstanding and familiar federal civil rights laws but is the first law to prohibit discrimination on the basis of sex (which includes gender, gender identity and sex stereotyping) in covered health programs and activities. Sex discrimination also includes discriminatory treatment on the basis of pregnancy, false pregnancy, termination of pregnancy, recovering from pregnancy, childbirth and related medical conditions, sex stereotyping, and gender identity.
Who should attend?
- Risk Manager
- Patient Advocates
- Consumer Advocates
- Healthcare Attorneys
- Compliance Officer
- Chief Medical Officer
- CEO, COO, CNO
- Nurse Managers
- ED Managers
- Physicians
- Mid Levels
- Policy Committee
- Nurses
- Nurse Supervisors
- Director of Registration
- Director of Physician Office Practices
- Human Resources
- Person in charge of Interpreting Services
- Director of Education
Why should you attend?
This webinar will discuss a law that applies to hospitals and other healthcare providers. It addresses a civil rights law for healthcare providers and others and addresses nondiscrimination, required signs and notices, interpreters and more under Section 1557 of the Affordable Care Act. It forbids discrimination based on sex, race, color, national origin, age and disability. It builds on long-standing and familiar Federal civil rights laws. This is the first law to prohibit discrimination on the basis of sex (which includes gender, gender identity and sex stereotyping) in covered health programs and activities. Sex discrimination also includes discriminatory treatment on the basis of pregnancy, false pregnancy, termination of pregnancy, recovering from pregnancy, childbirth and related medical conditions, sex stereotyping and gender identity.
This program will also cover the CMS proposed changes to the hospital CoPs to implement this new law under the Hospital Improvement Act. CMS noted there were no prohibitions in the hospital CoPs on gender identities which can be a barrier to seeking care. Numerous studies have shown the impact or the perceived discrimination when seeking care. Many reports, including an IOM report, found that many lesbian, gay, bisexual, and transgender people refrain from disclosing sexual orientation or gender to their health care provider. Hospitals are required to have a policy on nondiscrimination and must educate their staff. Patients must be notified in a language they can understand and how to file a complaint if they encounter discrimination. Interpreters must be qualified and this will be explained.
This program will help meet the education requirements to ensure your employees know and follow this law. Have you made the required policy changes? Has staff been educated on these new policies which include physicians and mid-level providers? Do you have the requisite sign posted? Do you provide information contained in the 15 or so taglines so patients are aware of their right to an interpreter? Have you designated an employee (civil rights coordinator) to work with patients who file a grievance?
Case scenarios will be discussed. Resources will be provided such as a list of each state’s 15 taglines and OCR has these in 64 languages. Sample notice to be posted and sample grievance procedure will also be provided.
Faculty - Ms.Sue Dill Calloway
Sue Dill Calloway, R.N., M.S.N, J.D. is a nurse attorney and President of Patient Safety and Healthcare Consulting and Education. She is also the past Chief Learning Officer for the Emergency Medicine Patient Safety Foundation and a board member. She was a director for risk management and patient safety for five years for the Doctors Company. She was the past VP of Legal Services at a community hospital in addition to being the Privacy Officer and the Compliance Officer. She worked for over 8 years as the Director of Risk Management and Health Policy for the Ohio Hospital Association. She was also the immediate past director of hospital patient safety and risk management for The Doctors Insurance Company in Columbus area for five years. She does frequent lectures on legal, patient safety, and risk management issues and writes numerous publications.
Sue has been a medico-legal consultant for over 30 years. She has done many educational programs for nurses, physicians, and other healthcare providers on topics such as nursing law, ethics and nursing, malpractice prevention, HIPAA medical record confidentiality, emergency department patient safety and risk, EMTALA anti-dumping law, Joint Commission issues, CMS issues, documentation, medication errors, medical errors, documentation, pain management, federal laws for nursing, sentinel events, MRI Safety, Legal Issues in Surgery, patient safety and other similar topics. She is a leading expert in the country on CMS hospital CoPs issues and does over 250 educational programs per year. She was the first one in the country to be a certified professional in CMS. She also teaches the course for the CMS certification program.