Complying with OCR Section 1557: Discrimination, Interpreters, Required Signs, and More

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Unfortunately, due to an unforeseen scheduling conflict on the speaker’s side, we have had to cancel this session. We sincerely apologize for any inconvenience this may cause and assure you that we are committed to providing the best service possible.

Description

This webinar will discuss a law that applies to all hospitals, including critical access hospitals, and other healthcare providers such as physician offices and nursing homes. The law addresses nondiscrimination required signs and notices, interpreters, a civil rights law for healthcare providers and others, and more under Section 1557 of the Affordable Care Act. It forbids discrimination based on sex, race, color, national origin, age, and disability. It builds on long standing and familiar Federal civil rights laws. This is the first law to prohibit discrimination based on sex (which includes gender and gender identity) in covered health programs and activities.

This program will discuss case law regarding several issues important to hospitals and changes by the OCR to comply with these including not requiring hospitals to perform an abortion if against their religious beliefs and issues related to gender.

Also to be addressed will be CMS’s recognition that there were no prohibitions in the hospital Conditions of Participation on gender identities which can be a barrier to seeking care. While CMS decided not to include the law in two separate places within the CoPs, they can refer any issue to the OCR.

Hospitals are required to have a policy on nondiscrimination and must educate their staff. Patients must be notified in a language they can understand and how to file a complaint if they encounter discrimination. Interpreters must be qualified, which will be explained.

This program will provide resources and information to help meet the education requirements to ensure your employees know and follow this law. Resources will provide such as a list of each state’s 15 taglines and OCR has these in 64 languages. Sample notice to be posted and sample grievance procedure will also be provided.

 

Learning Objectives:

  • Discuss that hospitals are required to post a sign regarding nondiscrimination
  • Describe that the hospital must have a sign with 15 taglines (17 in 4 states and DC), notifying patients of the right to an interpreter at no cost
  • Recall that the Office of Civil Rights is the main enforcer of Section 1557
  • Discuss that the hospital must have a process for patients to want to file a grievance related to discrimination

 

Agenda:

  • Introduction to OCR
  • Recent updates
    • Non-discrimination on basis of disability
    • Privacy Rule and Reproductive Health Care
  • Section 1557 of the ACA
  • The Rule and Covered Entities
  • Court cases and OCR/CMS updates
  • Interpreters
  • Discrimination prevention
  • Discrimination and protected classes
  • Required sign on interpretation services
  • Interpreters
  • Revision of complaint policy
  • Disability discrimination
  • Grievance policy and procedures
  • Need for a Grievance coordinator
  • Requirements for filing a grievance
  • OCR training
  • OCR investigations and cases against hospitals
  • CMS and OCR 

 

Resources and Internet Links

 

Who Should Attend?

  • Risk Manager
  • Patient Advocates
  • Compliance Officer
  • Chief Medical Officer
  • CEO
  • COO
  • CNO
  • Nurse Managers/Supervisors
  • ED Managers
  • Physicians and Advance Practice Providers
  • Policy Committee
  • Nurses
  • Director of Registration
  • Human Resources
  • Person in charge of Interpreting Services
  • Director of Education

Ask your question directly from our expert during the Q&A session following the live event.

Speaker

Laura A. Dixon recently served as the Regional Director of Risk Management and Patient Safety for Kaiser Permanente Colorado where she provided consultation and resources to clinical staff. Prior to joining Kaiser, she served as the Director, Facility Patient Safety and Risk Management and Operations for COPIC from 2014 to 2020. In her role, Ms. Dixon provided patient safety and risk management consultation and training to facilities, practitioners, and staff in multiple states. Such services included creation of and presentations on risk management topics, assessment of healthcare facilities; and development of programs and compilation of reference materials that complement physician-oriented products.

Ms. Dixon has more than twenty years of clinical experience in acute care facilities, including critical care, coronary care, peri-operative services, and pain management. Prior to joining COPIC, she served as the Director, Western Region, Patient Safety and Risk Management for The Doctors Company, Napa, California. In this capacity, she provided patient safety and risk management consultation to the physicians and staff for the western United States. Ms. Dixon’s legal experience includes medical malpractice insurance defense and representation of nurses before the Colorado Board of Nursing.

As a registered nurse and attorney, Laura holds a Bachelor of Science degree from Regis University, RECEP of Denver, a Doctor of Jurisprudence degree from Drake University College of Law, Des Moines, Iowa, and a Registered Nurse Diploma from Saint Luke’s School Professional Nursing, Cedar Rapids, Iowa. She is licensed to practice law in Colorado and California.

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