Section 1557 of the Affordable Care Act. American Dental Association
Acknowledgements
The American Dental Association’s Department of Product Development and Sales developed this publication.
Principal contributors to this manuscript were Kathryn Pulkrabek, Manager/Editor, Professional Products, Department of Product Development and Sales; Carolyn B. Tatar, M.B.A., Senior Manager, Department of Product Development and Sales; and the staff of the ADA Center for Professional SuccessTM.
For more information on the ADA Center for Professional Success, visit Success.ADA.org.
Disclaimer: Reproduction of this material by member dentists and their staff is permitted for their internal office use only. Any other use, duplication or distribution by any other party requires the prior written approval of the American Dental Association. This material is for general reference purposes only and does not constitute legal advice. It covers only federal law but not state law. Changes in applicable laws or regulations may require revision. Dentists should contact qualified legal counsel for legal advice, including advice pertaining to Section 1557 of the Affordable Care Act, the U.S. Department of Health and Human Services final rule and/or the enforcement of Section 1557 by the Office for Civil Rights. To the extent we have included links to any website, we intend no endorsement of their content and imply no affiliation with the organizations that provide their content. Nor do we make any representations or warranties about the information provided on those sites, which we do not control in any way.
© 2017 American Dental Association. All Rights Reserved.
Table of Contents
Chapter 1: The Basics of Section 1557
Covered Dentists and Dental Practices
Chapter 2: Individuals with Limited English Proficiency (LEP)
Assessing an Individual’s Need for Language Assistance
Computer-Automated Translation
In-Person and Remote Interpretation
Adults Who Accompany the Individual
Translations of Written Documents
Qualified Interpreters and Translators
Qualified Interpreters for Individuals with LEP
Qualified Translators for Individuals with LEP
Chapter 3: Individuals with Disabilities
Qualified Interpreters for Individuals with Disabilities
Auxiliary Aids and Services for Effective Communication
Examples of Other Requirements Pertaining to Individuals with Disabilities
Accessibility of Electronic and Information Technology
Chapter 4: Other Types of Discrimination
Discrimination Based on Sexual Orientation
Chapter 5: Grievance Procedures
Chapter 6: Employee Health Programs
Chapter 7: Section 1557 Final Rule Checklist
Appendix B: Sample Notice of Nondiscrimination for Offices with Fewer Than 15 Employees
Appendix E: Sample Contract and Business Associate Agreement for Interpreters and Translators
Appendix F: Sample Language Access Plan
Appendix G: Sample Grievance Procedure
Introduction
Section 1557 of the Affordable Care Act protects individuals from discrimination on the basis of race, color, national origin, age, disability, and sex in federally funded health-related services and coverage. On May 18, 2016, the U.S. Department of Health and Human Services (HHS) published a final rule under Section 1557. The final rule, which applies to dentists and dental practices that receive certain kinds of funds from HHS, is enforced by the Office for Civil Rights (OCR), the federal agency that enforces HIPAA. More information on the final rule is available on the OCR website at www.hhs.gov/civil-rights/for-individuals/section-1557/index.html. A link to the final rule itself is available at www.federalregister.gov/documents/2016/05/18/2016-11458/nondiscrimination-in-health-programs-and-activities.
Dental practices may already be subject to many of the Section 1557 requirements and prohibitions through other applicable federal,