On June 12, 2020, the United States Department of Health and Human Services (HHS) released its Final Rule on Section 1557. This Ruling included some updates to the information surrounding the requirements for posting notices of nondiscrimination and taglines.
The material herein is educational and informational only. No legal advice is provided.
What is Section 1557?
Section 1557 of the Affordable Care Act deals with nondiscrimination. A significant portion of HHS’s original rule focused on the care of Limited-English Proficient (LEP) patients, building on the precedent set by Title VI, which prohibits national origin discrimination and mandates language access in healthcare.
HHS ruled that Section 1557 applies to healthcare organizations or programs that:
- Receive federal funding
- Are administered by the HHS itself (such as Medicare Part D)
- Participate in Health Insurance Marketplaces
Most healthcare organizations fall into at least one of the above categories.
What changed in the 2020 Update?
2016 Rule:
1557 required providers to post a notice of nondiscrimination and taglines (short statements advising language services are available) in the state’s/hospital’s top 15 languages.
2020 Rule:
HHS repealed the requirement that covered entities must provide a nondiscrimination notice and taglines in all significant communications.
Changed: It removes the broad, sometimes confusing, and inefficient requirement that all significant communications most contain taglines.
Same: Entities are still mandated from prior statutes and regulations to provide a notice of nondiscrimination. Covered entities must continue to provide taglines whenever such taglines are necessary to ensure meaningful access by LEP individuals to a covered program or activity.
What Do These Taglines and Notices Say?
The tagline required by HHS says:
ATTENTION: If you speak [insert language], language assistance services, free of charge, are available to you
The notice states that your organization complies with federal law. It also provides information about how patients can file a grievance if they feel your organization failed to provide adequate language services or discriminated against them. You can read the full text in English here.
HHS requires these to be translated and posted in your state’s top 15 languages, and HHS has translated these notices and taglines into 64 languages. If you would like a tagline or notice in a language HHS does not provide, reach out to CyraCom’s translation and localization team at translation@cyracom.com.
Who is Translating Your Other Important Healthcare Documents for Patients?
Translation plays a vital role in major healthcare initiatives, such as reducing patient harm and readmission rates and increasing patient satisfaction. CyraCom uses a secure translation portal that is secured end-to-end, protecting patients’ PII and PHI. We use a translation memory database for each client that can be applied across multiple facilities for reduced costs.
CyraCom’s skilled linguists with subject matter expertise in healthcare can translate a variety of essential documents and information, such as:
- Intake forms
- Notices of rights
- Financial assistance policies
- Notice letters that require a response
- Complaint forms
- Websites and patient portals
- Brochures and community outreach
Please email us for a quote at translation@cyracom.com to get started today.
