The Department of Health and Human Services (HHS) recently imposed new regulations on health care providers that receive federal financial assistance (e.g, Medicare, Medicaid). The new requirements include:
creating a nondiscriminatory policy statement.
designating a nondiscrimination coordinator (applies to covered entities that employ 15 or more people).
adopting a nondiscrimination policy statement and grievance procedure (applies to covered entities that employ 15 or more people).
providing free language assistance services to patients who have disabilities or limited English proficiency.
giving notice of all of the above in publications – including how to access these resources and how to file a complaint with the HHS’ Office of Civil Rights – including your website.
The new regulations became effective on July 18, 2016. However, certain provisions relating to health insurance don’t become effective until January 1, 2017. New notice requirements took effect October 16, 2016.
There are three required methods of giving notice of nondiscrimination:
You must include notice in significant publications such as a patient handbook – smaller publications, such as postcards and trifolds, only require a shortened version of the notice.
You must post notice in conspicuous physical locations in your facility.
You must add notice of nondiscrimination to your website.
Not sure where to start? The new regulations provide approved wording for both the nondiscrimination policy statement and the grievance procedures.
What This Means for IlluminAge Clients
IlluminAge is responding to these new regulations in several ways:
First, we are recommending that web clients covered under the new regulations upgrade their website by adding:
a nondiscrimination statement.
language assistance taglines.
a nondiscrimination grievance procedure, consistent with wording approved by HHS – this can also be used for publications and physical posting, as needed.
Second, we are recommending to web clients whose sites are more than one year old that their site be checked for web accessibility compliance and upgraded as needed to conform to standards currently being required in Department of Justice Title II reviews.
Third, we are adding nondiscrimination statement and grievance procedures and language assistance taglines to the publications we handle for our clients, including our residents’ rights and advance directives booklets and our hospice, home health, and long-term care patient/family guides.
If you have questions or would like to discuss recommended changes for your website and publications, please contact your regular IlluminAge representative or email service@illuminAge.com.
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