HHS Section 1557 Discrimination Clarification

HHS Nondiscrimination Provisions, Disability Provisions, and Language Provisions will have an effect on covered entities.

From the HHS website on Section 1557:

Section 1557 is the nondiscrimination provision of the Affordable Care Act (ACA). The law prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Section 1557 builds on long-standing and familiar Federal civil rights laws: 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 and the Age Discrimination Act of 1975. Section 1557 extends nondiscrimination protections to individuals participating in:

• Any health program or activity any part of which received funding from HHS
• Any health program or activity that HHS itself administers
• Health Insurance Marketplaces and all plans offered by issuers that participate in those Marketplaces.

The Nondiscrimination in Health Programs and Activities final rule implements Section 1557 of the Affordable Care Act, which is the first federal civil rights law to broadly prohibit discrimination on the basis of sex in federally funded health programs. Previously, civil rights laws enforced by HHS’s Office for Civil Rights (OCR) broadly barred discrimination based only on race, color, national origin, disability, or age.

“A central goal of the Affordable Care Act is to help all Americans access quality, affordable health care.  Today’s announcement is a key step toward realizing equity within our health care system and reaffirms this Administration's commitment to giving every American access to the health care they deserve," said HHS Secretary Sylvia M. Burwell.

The final rule helps consumers who are seeking to understand their rights and clarifies the responsibilities of health care providers and insurers that receive federal funds. The final rule also addresses the responsibilities of issuers that offer plans in the Health Insurance Marketplaces. Among other things, the final rule prohibits marketing practices or benefit designs that discriminate on the basis of race, color, national origin, sex, age, or disability. The final rule also prohibits discriminatory practices by health care providers, such as hospitals that accept Medicare or doctors who participate in the Medicaid program. 

The final rule prohibits sex discrimination in health care including by:

• Requiring that women must be treated equally with men in the health care they receive.  Other provisions of the ACA bar certain types of sex discrimination in insurance, for example by prohibiting women from being charged more than men for coverage.  Under Section 1557, women are protected from discrimination not only in the health coverage they obtain but in the health services they seek from providers.
• Prohibiting denial of health care or health coverage based on an individual’s sex, including discrimination based on pregnancy, gender identity, and sex stereotyping. 

It also includes important protections for individuals with disabilities and enhances language assistance for people with limited English proficiency including by:

• Requiring covered entities to make electronic information and newly constructed or altered facilities accessible to individuals with disabilities and to provide appropriate auxiliary aids and services for individuals with disabilities.
• Requiring covered entities to take reasonable steps to provide meaningful access to individuals with limited English proficiency.  Covered entities are also encouraged to develop language access plans.

While the final rule does not resolve whether discrimination on the basis of an individual’s sexual orientation status alone is a form of sex discrimination under Section 1557, the rule makes clear that OCR will evaluate complaints that allege sex discrimination related to an individual’s sexual orientation to determine if they involve the sorts of stereotyping that can be addressed under 1557. HHS supports prohibiting sexual orientation discrimination as a matter of policy and will continue to monitor legal developments on this issue.

The final rule states that where application of any requirement of the rule would violate applicable Federal statutes protecting religious freedom and conscience, that application will not be required.

For more information about Section 1557, including factsheets on key provisions and frequently asked questions, visit http://www.hhs.gov/civil-rights/for-individuals/section-1557.

*All of the information above was provided and is authored by HHS:

http://www.hhs.gov/about/news/2016/05/13/hhs-finalizes-rule-to-improve-health-equity-under-affordable-care-act.html

Below you will find a link that will take you to a sample of the postings you need:

http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html

To subscribe to this blog, enter your email address:


Delivered by FeedBurner

Leaches in the Workplace: Discrimination

Discrimination within a workforce, sucks the lifeblood out of the organization

Discrimination: the practice of unfairly treating a person or group of people differently from other people or groups of people

Leaches: bloodsucking parasites

Dan was excited about his new job. However, that excitement quickly dissipated as he experienced some situations that made him feel like he was being treated differently. It was not only how some people talked to him, but also how they looked at him, gave extra space while walking around him, and at times, made an effort to avoid him all together. Dan decided to put all of this aside and earn his way through the company using his talents, experience, and amazing work ethic. His quality of work was at a high level, but the strange treatment remained the same. No matter what he did, Dan felt that his hard work and determination would never pay-off. Less than a year after starting this new job with excitement and enthusiasm, Dan resigned. The company has now lost a valuable and contributing member of its organization. A little more information about Dan; he is a war veteran of African descent who had lost his arm fighting in Iraq.

Discrimination comes in many forms including, age, disability, gender, race, national origin, religious, pregnancy, sexual orientation, and weight. When discrimination is part of a workforce, it sucks the lifeblood out of that organization and all of the people who are a part of it. Productivity is less, morale is lower, and there is an increase in turnover. On many occasions, companies loose valuable members of their workforce who have greatly contributed to its success. Discrimination is a behavior that has a negative effect on everyone involved.

Here are some signs that discrimination may be a part of your workplace:

Odd hiring practices – Failing to hire or refusing to hire a potential employee based on one of the discrimination classifications. Typically, an organization is not even aware that this is happening, because the recruiters have complete control over the initial screening process.

Missed promotions – Promotions are wonderful opportunities for employees to move their careers ahead, but sometimes the most qualified employee is not the one who receives the promotion. When a company promotes an employees, there should be extensive documentation that justifies that promotion. Employees know who the most qualified person is for a promotion, and when that person gets looked over, everybody takes notice and remembers.

Unequal pay – All employees should be paid based on the value that individual brings to the organization in a particular position. Paying people differently for doing the same job is a slippery slope. If employees have similar experience, education, and skills and they are doing a similar job, then their pay should reflect that.

Unequal discipline – It is vital for an organization to have documented discipline procedures and to follow those procedures. Disciplining employees differently could be a demonstration of favoritism or discrimination.

In order to help avoid these unfair practices, organizations need to teach employees what their expectations are in the area of discrimination. They need to be clear, blunt, and they need to teach by example by quickly handling any discrimination practices or situations that may arise. Leading by example begins with management. Companies must demonstrate the type of behavior they expect from their employees. Discrimination will suck the lifeblood out of any organization. Eliminating discrimination will help your employees be more productive, increase morale, and reduce turnover. Discrimination has no place within the workforce of an organization.

To subscribe to this blog, enter your email address:


Delivered by FeedBurner