On May 13, 2016, the Department of Health and Human Services issued the final rule implementing Section 1557, which prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. The final rule went into effect on July 18, 2016. To help you better understand how you can comply here are answers to a few questions we have received from our clients regarding the posting requirements.
What notices do I have to post under Section 1557?
Covered entities are required to post:
- Notices of Nondiscrimination;
- Taglines (short statements in non-English languages) that alert individuals with limited English proficiency to the availability of language assistance services.
Where do I have to post these notices?
Notices of nondiscrimination and taglines must be posted as follows:
- In conspicuous physical locations where the entity interacts with the public;
- In a conspicuous location on the covered entity’s Web site accessible from the home page of the covered entity’s Web site;
- In significant publications and significant communications. According to the regulations, these include materials that are “targeted to beneficiaries, enrollees, applicants, and members of the public, which may include patient handbooks, outreach publications, or written notices pertaining to rights or benefits or requiring a response from an individual.”
*For small sized significant publications and communications such as postcards, pamphlets and tri-fold brochures, only a shortened version of the Notice of Nondiscrimination is required, known as a Nondiscrimination Statement.
In what languages do I have to post these notices?
The Notice of Nondiscrimination is only required to be posted in English.
For taglines, the language requirements depend on the size of the publication/ communication:
- For regular sized significant publications and communications, taglines must be posted in at least the top 15 non-English languages spoken in the State in which the entity is located or does business;
- For small sized significant publications and communications such as postcards, pamphlets and tri-fold brochures, taglines must be posted in at least the top two non-English languages spoken by individuals with limited English proficiency in the State.
OCR has translated sample taglines into 64 languages. For translated materials, visit http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html