Resources for ACA Notice of Nondiscrimination: Beware October 16 Deadline

For those healthcare providers who have postponed creating the mandatory Notice and Statements of Nondiscrimination required by Section 1557 of the ACA, HHS has made it relatively easy for you to comply with the October 16 deadline by providing helpful resources:

1. Here is the link to HHS’s sample Notice of Nondiscrimination that you may use: https://www.hhs.gov/sites/default/files/sample-ce-notice-english.pdf.
   
   You will need to post this Notice in your facility, on your website, and include it in significant communications targeted to potential beneficiaries of services and the public.
    
2. Your Notice of Nondiscrimination will need to include required taglines in the top 15 non-English languages spoken in your state. Here is the link to the HHS’s list of the top 15 languages in each state: https://www.hhs.gov/sites/default/files/resources-for-covered-entities-top-15-languages-list.pdf.
    
3. Here is the link to HHS’s taglines in non-English languages which you can copy and paste into your Notice to satisfy the tagline requirements: http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/.
    
4. Here is the link to HHS’s sample Statement of Nondiscrimination which you must include in smaller, significant communications such as tri-fold brochures, pamphlets, postcards, etc.: http://www.hhs.gov/sites/default/files/sample-ce-statement-english.pdf.
   
   The statement may be published in English, but you will also need to include the non-English taglines for the top two languages in your state from the resources in items (2) and (3), above.

For more information about your Notice obligations, see our earlier alert at: https://www.hollandhart.com/providers-must-post-new-nondiscrimination-notices.

For questions regarding this update, please contact:
Kim C. Stanger
Holland & Hart, 800 W Main Street, Suite 1750, Boise, ID 83702
email: kcstanger@hollandhart.com, phone: 208-383-3913

This news update is designed to provide general information on pertinent legal topics. The statements made are provided for educational purposes only. They do not constitute legal advice nor do they necessarily reflect the views of Holland & Hart LLP or any of its attorneys other than the author. This news update is not intended to create an attorney-client relationship between you and Holland & Hart LLP. If you have specific questions as to the application of the law to your activities, you should seek the advice of your legal counsel.