Nondiscrimination Notice Posting Requirements - FAQ Available to Help Physicians with Compliance October 11, 2016 CMA, Physician Resource CMA, compliance, Nondiscrimination 0 In an effort to answer questions from physicians regarding compliance with new Federal nondiscrimination notice posting requirements, CMA has created an FAQ resource to help guide members. Background and Current Law The U.S. Department of Health and Human Services (HHS) Office of Civil Rights (OCR) recently finalized new nondiscrimination rules intended to advance health equity and reduce health care disparities. The rule, which implements section 1557 of the Affordable Care Act, includes important protections for individuals with disabilities and enhances language assistance for people with Limited English Proficiency (LEP). Under current law, Title VI of the Civil Rights Act provides that any program or activity (including healthcare professionals) that receives federal funds must take reasonable steps to ensure meaningful access to their activities by persons with limited-English proficiency. An example of a current Title VI requirement: Physicians are already required to provide access to language interpreter services. If the physician is contracted to provide care with a Medi-Cal Managed Care Plan, the plan may be providing the service. Otherwise, physicians providing services through Fee-For-Service Medi-Cal would be required to provide the service. Physicians should already be in compliance with the existing Title VI provisions required under current law. The newly adopted final rule does not change current law requiring compliance with Title VI regulations and Department of Health and Human Services’ Limited English Proficiency policy. New Requirements The final rule includes new requirements with respect to nondiscrimination postings and grievance procedures. Physicians need to be in compliance with the rule by October 16, 2016. Comments are closed.
