10/17/2016

HHS Releases New ADA Compliance Requirements

Earlier this year, HHS’ Office of Civil Rights (OCR), finalized its rule aimed at advancing health equity and reducing health-care disparities. Among other provisions, the final rule enhances language assistance for people with limited English proficiency and helps ensure effective communication for people with disabilities. Under this final rule, covered entities, have a number of new compliance requirements, including in-office and website postings, new accessibility standards for buildings not previously covered by the Americans with Disabilities Act (ADA), and new protections for individuals with disabilities and for individuals with limited English proficiency. Covered entities may include hospitals, health clinics, health insurance issuers, state Medicaid agencies, community health centers, physicians’ practices and home health care agencies. For NYSPMA members, covered entities would be practices which receive federal financial assistance through Medicaid payments, meaningful use payments, and other sources, but not Medicare Part B payments.

Required Posted Notices and Taglines (Deadline for posting is October 16, 2017)
Under the rule, impacted providers must post notices of nondiscrimination and taglines that inform anyone with limited English proficiency to the availability of language assistance services. Providers must post a notice of nondiscrimination and taglines in at least the top 15 non-English languages spoken in the state in which the member is located or does business. These postings must be prominently displayed on websites’ homepages, in physical office locations, and in communications materials. Covered entities do not need to draft, translate, or create any of these notices, taglines, or nondiscrimination provisions on their own, although they are welcome to do so if they choose.

OCR has provided translations for 64 different non-English languages which will be compliant under the rule for covered entities’ use. Covered entities also do not have to determine which languages are considered the top 15 in their state, as OCR has provided a chart listing the current top 15 languages for the State of New York.  Please note, in the final rule, HHS acknowledges the lists are subject to change, as new census data is provided, so NYSPMA suggests members have in place a policy for routine review and updates.

Website
Providers can post on their websites’ home page by including a link in a conspicuous location that immediately directs the individual to the content of the notice elsewhere on the website. The final rule requires that the website provide both the notice of nondiscrimination and taglines in at least the top 15 non-English languages spoken in the state in which the member is located or does business. 

Practice Location
Providers must post the notice of nondiscrimination and taglines in a conspicuous location in a conspicuously-sized font in their physical offices.  The taglines must be in the top 15 non-English languages spoken in their practice state, to inform individuals with limited English proficiency. While the OCR encourages covered entities to post additional translations of the notice, there is no requirement to do so. You will have complied with the OCR rule, by posting a single notice of discrimination in English and the 15 taglines in the top 15 languages spoken in New York. Samples of the flyers are provided below.

Communications Materials
For small-sized significant communications, such as tri-fold brochures or postcards, in lieu of the full notice, the final rule requires posting of nondiscrimination statements and/or taglines in at least the top two non-English languages spoken by individuals with limited English proficiency in the state. If you have existing stock of these communications, the final rule allows you to exhaust your current stock of hard copy publications, and then update with notices when you replenish.

Resources
Sample Non Discrimination Flyer  
Sample Tagline Flyer  
Frequently Asked Questions