The Office of Civil Rights (OCR) issued Section 1557 which prohibits health care entities that receive federal financial assistance from certain types of discrimination. It will go into effect July 18, 2016. This includes discrimination against age, race, color, nationality, disability or gender. On the surface it seems to be common sense but within this regulation is the requirement for assistance of patients who have limited English proficiency.
If you participate with CHIP or Medicaid then this applies to you. It is still unclear if providers that take Medicare Advantage plans are included in this, but I’m willing to bet that it does. You may not realize that you take dental Medicare Advantage, but should check into this as United Healthcare, Delta Dental, Aetna and others offer dental plans as part of their Medicare Advantage.
Compliant offices will need to provide the following items on their website and in their office:
- A posting of a non-discrimination policy by October 16, 2016 (I’ve attached a copy to this email)
- A notice of the top fifteen non-English languages that are spoken in your state. You will need to indicate that your office will provide language assistance services – free of charge. (I’ve attached a sample copy to this email)
The compliance piece of this is that you are now required to provide language assistance for fifteen non-English languages. This includes vetting a translator (because you are responsible for their competency) or contracting with a translation service. And your practice must cover the cost. You have the option of claiming that this will cause an undue financial burden but it up to you to pursue and prove your case. I’ve included links at the bottom of this article so that you can read up on it. Being unaware is not an excuse for on-compliance.
The dental insurance industry is in a state of regulatory change and dental providers do not have a choice but to be compliant. You’ll need to be compliant or risk large fines. I have contacted one of my old colleagues at the Texas Department of State Health Services with some questions I have about translation services. As soon as I get a response, I will pass this information on to you. The American Dental Association and most state dental associations/societies will also be posting guidance on their websites.
http://www.hhs.gov/civil-rights/for-individuals/section-1557
http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html