Updated Guide: Section 1557 compliance for healthcare

In today's diverse society, ensuring equitable access to healthcare services is crucial. One of the key pieces of legislation aimed at promoting this equity is Section 1557 of the Affordable Care Act (ACA). This comprehensive guide will walk you through what Section 1557 entails, recent regulatory changes, its impact on healthcare institutions and patients, and how you can ensure compliance. We'll also explore how Language Network can assist healthcare providers in meeting these requirements effectively.

What is Section 1557 of the Affordable Care Act?

Section 1557 of the Affordable Care Act is a federal law that prohibits discrimination based on race, color, national origin, sex, age, or disability in healthcare programs and activities that receive federal financial assistance. This provision is a cornerstone in the fight against discrimination in healthcare, ensuring that all patients, regardless of their background, receive the care they need.

Under Section 1557, healthcare providers must take reasonable steps to provide meaningful access to individuals with limited English proficiency (LEP). This includes offering language assistance services like interpretation and translation. The law also mandates that healthcare entities provide auxiliary aids and services to individuals with disabilities, ensuring effective communication.

Recent updates to Section 1557: A Closer look

The regulations under Section 1557 have evolved over time to better address the needs of diverse patient populations. Recently, the Biden Administration finalized a rule that significantly expanded protections against discrimination in healthcare. This rule went into effect on July 5, 2024, and already has implications for healthcare providers.

Let's delve into the key updates and their implications:

Key updates:

• Reinstatement of broad protections: The Biden Administration's final rule on Section 1557 has reinstated explicit prohibitions on discrimination based on gender identity and sexual orientation. This means that healthcare providers must now ensure that individuals from the LGBTQ+ community receive equitable treatment.
• Expanded scope of coverage: The rule has expanded the scope of Section 1557 to cover a wider range of health programs and activities, including health insurance issuers that receive federal financial assistance. This means that health insurers must now comply with the non-discrimination provisions of Section 1557.
• Strengthened protections for pregnant Individuals: The final rule provides stronger protections for individuals who have had or are seeking abortions. Healthcare providers cannot discriminate against patients based on their reproductive choices.
• Increased focus on language access: While language access has always been a key component of Section 1557, the recent updates have placed a greater emphasis on ensuring that individuals with limited English proficiency (LEP) receive effective communication and language assistance.

Want to learn more about it? Check out the official infos from the U.S. Department of Health and Human Services

Impact on healthcare institutions

Institutional Responsibilities

Healthcare institutions must take several steps to comply with Section 1557. These include:

1. Providing language assistance services: Institutions must offer interpretation and accurate translation services to LEP patients. This includes both in-person and remote options, such as video remote interpreting (VRI) and telephone interpretation.
2. Posting nondiscrimination notices: Healthcare providers must display notices informing patients of their rights under Section 1557 and the availability of language assistance services.
3. Training staff: Institutions must ensure that their staff are trained to recognize and respond to the needs of LEP patients and individuals with disabilities.

Ensuring Compliance

Non-compliance with Section 1557 can result in severe consequences, including loss of federal funding and legal action. Therefore, it's crucial for healthcare institutions to:

• Conduct regular assessments of their language access services
• Implement robust policies and procedures for providing language assistance
• Engage with qualified language service providers, such as Language Network, to ensure high-quality interpretation and accurate translation services.

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Impact on patients

These regulations have a profound impact on patients, particularly those from marginalized communities. By prohibiting discrimination and mandating language access services, the law ensures that:

• LEP patients receive timely and accurate information: Effective communication is essential for informed consent, treatment decisions, and overall patient satisfaction.
• Patients with disabilities have equal access: The provision of auxiliary aids and services ensures that patients with disabilities can communicate effectively with their healthcare providers.

Real-World examples

Consider Maria, a Spanish-speaking patient who visits a hospital for a routine check-up. Under Section 1557, the hospital must provide a qualified interpreter to ensure that Maria understands her diagnosis and treatment options. Similarly, John, a deaf patient, must be provided with a sign language interpreter during his medical appointments.

💡 Learn more about the impacts of language barriers on the healthcare industry.

Section 1557 compliance requirements

To comply with Section 1557, healthcare providers should:

1. Designate a responsible coordinator: This individual is responsible for ensuring compliance with the law and handling grievances related to discrimination.
2. Develop and implement a language access plan: This plan should outline how the institution will provide language assistance services to LEP patients.
3. Conduct regular training: Staff should be trained on their responsibilities under Section 1557, including how to access and provide language assistance services.
4. Monitor and evaluate services: Regular assessments should be conducted to ensure that language assistance services are effective and meet the needs of LEP patients.

Consequences of Non-Compliance

Failure to comply with Section 1557 can result in:

• Loss of federal funding: Healthcare providers that receive federal financial assistance can lose their funding if they fail to comply with the law.
• Legal action: Patients who experience discrimination can file lawsuits against healthcare providers, leading to costly legal battles and reputational damage.

Language Network: Your partner in compliance and communication

At Language Network, we specialize in providing comprehensive language services and solutions to healthcare institutions. Our mission is to bridge communication gaps and ensure that all patients have access to the care they need. With a team of qualified interpreters and translators, we offer a range of services, including:

• In-Person and Remote Interpretation: Our interpreters are available for both in-person and remote sessions, ensuring effective communication regardless of location.
• Translation Services: We provide accurate and culturally sensitive translations of medical documents, patient information, and more.
• Training and Education: Our training programs equip healthcare staff with the skills and knowledge needed to communicate effectively with LEP patients and individuals with disabilities.
• Specialized medical translators: We have an extensive network and over 30 years of experience providing translation, interpretation, and localization support in healthcare. Our services support the healthcare industry in a variety of ways.

By partnering with Language Network, healthcare providers can ensure compliance with Section 1557 and provide the highest quality care to all patients.

Learn more about our language solutions and contact us today for a quote!