Section 1557 of the Affordable Care Act (ACA) is an important section of the Affordable Care Act passed by President Barack Obama in 2010. Sex, race, age, color, national origin or disability cannot be a reason for exclusion of individuals under some of the provisions of this Act. It is built on the foundation laid in the other landmark federal civil rights laws, such as:
- Title VI of the Civil Rights Act of 1964
- Title IX of the Education Amendments of 1972
- Section 504 of the Rehabilitation Act of 1973
- The Age Discrimination Act of 1975
A Final Rule implementing Section 1557 of the Affordable Care Act was issued by the Department of Health and Human Services’ (HHS) Office for Civil Rights (OCR) on May 18, 2016, as a result of which, on July 18, 2016, the Final Rule became effective.
Legal amendments to Section 1557 of the Affordable Care Act
Section 1557 of the Affordable Care Act underwent a small amendment when the U.S. District Court for the Northern District of Texas issued an opinion in the case of “Franciscan Alliance, Inc. et al vs Burwell” on the last day of 2016. This opinion by the court, concerns Section 1557 of the Affordable Care Act’s section relating to prohibition of discrimination in two areas: gender identity and termination of pregnancy on a national scale. As a result of this legal opinion, the OCR will not enforce these two provisions of Section 1557 of the Affordable Care Act for as long as this injunction is valid. It will enforce the remaining provisions relating to other areas of discrimination.
Entities and individuals that come under the purview of Section 1557 of the Affordable Care Act
Section 1557 of the Affordable Care Act specifies the categories of individuals or entities that are protected from discrimination. Section 1557 of the Affordable Care Act protects from discrimination any individual or entity that participates in any of these:
- A healthcare program or activity that is paid for in part or administered by the HHS, and
- Federally facilitated and state-based health insurance marketplaces, which are collectively called Covered Entities.
Section 1557 of the Affordable Care Act empowers individuals to file a complaint with the OCR if the person feels that she has been subject to discrimination on the basis of any of the provisions provided for by the Act.
This said, the individual needs to know the complete nature of the law in order to assess if there is a strong case under Section 1557 of the Affordable Care Act. This calls for a proper and thorough understanding of Section 1557 of the Affordable Care Act.
Get to thoroughly understand the discrimination provisions of Section 1557 of the Affordable Care Act
A complete understanding of the discrimination provisions of this Act will be the subject of a webinar that is being organized by MentorHealth, a leading provider of professional trainings for the healthcare industry.
William Mack Copeland, who practices health care law in Cincinnati at the firm of Copeland Law, LLC, and is president of Executive & Managerial Development Group; will be the speaker at this highly informative session. To derive the benefit of William’s long experience in healthcare law; enroll for this webinar by visiting http://www.mentorhealth.com/control/w_product/~product_id=800929LIVE?LinkedIn-SEO
How the provisions of Section 1557 of the Affordable Care Act work
At this webinar, William will explain the provisions of Section 1557 of the Affordable Care Act and equip the participants with an understanding of the discrimination provisions of the ACA. Management employees of a healthcare entity will gain a better understanding of how and why the process works and how it impacts healthcare entities. William will also offer an explanation of what can be and cannot be done.
Further, he will offer an explanation of the ways of protecting oneself and the organization from potentially devastating legal challenges. Knowledge of how to meet the requirements of the ACA to avoid sanction under Section 1557 of the Affordable Care Act will be another learning to be gained at this webinar.
More importantly, this webinar will arm participants with an understanding of how to deal with the regulations and ensure that they do not end up violating the discrimination requirements of Section 1557 of the Affordable Care Act. The speaker will also help participants put a viable ACA compliance program that complies with Section 1557 of the Affordable Care Act in place.
This session will cover the following areas:
- A description of Section 1557
- The notable provisions of Section 1557
- Who must comply with provisions of Section 1557
- Requirements for individuals with limited English proficiency (LEP)
- Examples of Race, Color , National Origin, Sex, Age or Disability Discrimination
- Auxiliary Aids and Services
- Health-related insurance or other health-related coverage
- Exceptions
- Enforcement
MentorHealth 