Within the Affordable Care Act there is Section 1557 which prohibits discrimination by covered entities which receive federal funding administered by HHS. Medicaid is one such funding source. Therefore we believe ADC is a covered entity and must comply. Most pertinent to ADC is the provision of translation services. 1557 requires us to develop and post a notice of nondiscrimination as well as provide compliance with that notice. Attached for your consideration is a 1557 notice and grievance policy for your division. Please take a look and edit as needed. The notice is only page 1 of the attachment. It is only page 1, the notice, which needs to be posted. Page 2 is our policy for grievances. The notice must be posted on your website, in a conspicuous physical location to the public within your office, and insignificant publications or communications.
A reasonably short summary of section 1557 of the ACA and the compliance requirements can be found at the following web address:
A few excerpts are below to assist you in identifying where you may need to post your notice:
This notice must be posted, in a conspicuously visible font, in the following places:
“Significant publications or communications” are those targeted to beneficiaries, enrollees, applicants, or the public, and include LEP guidance, outreach, education, marketing materials, written notices to an individual pertaining to rights and benefits or services, consent forms, patient handbooks, complaint forms, and applications to participate in a program or activity or to receive benefits or services.
In small-sized publications, such as postcards, tri-fold brochures, targeted fliers, and pamphlets, less information needs to be included. The nondiscrimination policy notice only needs to say that the covered entity does not discriminate on the basis of race, color, national origin, sex, age, or disability.
Covered entities also must be prepared to post taglines in the same locations. Taglines are short statements written in non-English languages indicating the availability of language assistance services free of charge. In larger-sized publications, taglines must be written in at least the top 15 languages spoken by individuals with LEP in the relevant state.
The taglines on small-sized publications are required in at least the top two languages spoken by individuals with LEP in the relevant state.