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Legal Update - 09.21.16
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Legal News Sept. 21, 2016:

On July 18, 2016 , the Office for Civil Rights issued a final rule that prohibits health care entities that receive certain federal financial assistance from discriminating based on race, color, national origin, sex, age or disability. The rule implements Section 1557 of the Affordable Care Act, and includes practices that provide services to consumers who have Medicare Part A or Medicaid; a provider who bills solely Medicare Part B and commercial insurance is not subject to the rule. The rule also applies to entities that receive Federal grants. Key provisions include:

  • Extending protections against sex discrimination to health coverage and care for the first time and including gender identity discrimination within the definition of sex discrimination;

  • Codifying long-standing guidance regarding meaningful access for individuals with Limited English Proficiency, including the provision of free, accurate, and timely language assistance services; 

  • Incorporating existing law that requires reasonable modifications, effective communication, and readily accessible buildings and information technology to avoid disability-based discrimination; and

  • Prohibiting discriminatory health insurance benefit designs and including specific coverage protections for transgender individuals.

 

Stay tuned, as OSCA will provide compliance guidance for impacted entities.


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