Federally funded dental practices, like other healthcare organizations, must comply with Section 1557 of the Affordable Care Act (ACA) to prevent discrimination. It’s essential for dentists and their teams to understand what discrimination is, how Section 1557 affects their practice, and how to put procedures in place to ensure top-notch care and communication for all patients.
The compliance process may feel daunting. Here’s a concise, easy-to-understand overview for dental professionals.
ACA Section 1557 Overview
Section 1557 of the Affordable Care Act prohibits discrimination based on race, color, national origin, sex, age, or disability in dental practices that receive federal funding.
Discrimination based on "national origin" includes a person's birthplace, ancestry, or the physical, cultural, or linguistic traits associated with a national origin group. This also covers the languages spoken by an individual.
What’s New with Section 1557?
Updated regulations under Section 1557 took effect on July 5, expanding protections for individuals with limited English proficiency (LEP) in federally funded health programs, including Medicare. The regulations introduce provisions for language assistance, fair use of artificial intelligence in patient care, and telehealth services, requiring compliance by specific deadlines.
Applying Section 1557 in Dental Practices
The American Dental Association (ADA) explains that "covered dental practices must take steps to ensure communications with patients, prospective patients, the public, and companions with disabilities are as effective as communications with others. Dental practices must provide appropriate aids and services to give individuals with disabilities an equal opportunity to participate in, and enjoy the benefits of, the practice."
Dental practices must also meet compliance requirements like providing notices, keeping records, and preventing intimidation and retaliation.
Ensuring language access for patients with LEP and those who are deaf or hard of hearing is not just about avoiding penalties—it’s good for business. It meets patient expectations for clear communication and enhances outcomes.
The ADA Code of Ethics emphasizes Patient Autonomy, stating, "the dentist’s primary obligations include involving patients in treatment decisions meaningfully, considering the patient’s needs, desires, and abilities, and safeguarding the patient’s privacy."
Compliance Strategies for Dental Practices
To comply with Section 1557, dental practices should:
- Ensure meaningful access for individuals facing language barriers. This might involve ensuring access to qualified interpreters and written translations performed by a qualified translator.
- Display notices of availability of language assistance services and auxiliary aids and services in English and the top 15 languages spoken in the state. These should be placed in the office, on the practice’s website, and in alternate formats for individuals with disabilities who require auxiliary aids & services.
- Display and provide annually a notice to inform individuals about nondiscrimination and accessibility requirements.
- Avoid using unqualified staff or family members as interpreters or translators when offering language assistance services.
Following these guidelines will assist dental practices with their compliance obligations under Section 1557, avoid legal risks, and most importantly, provide equitable and effective care to all patients.
LanguageLine Is Your Partner in Section 1557 Compliance
At LanguageLine Solutions, we offer a range of language services to help dental practices stay compliant with Section 1557 of the Affordable Care Act. Our services include:
- On-Demand Interpreting: Access professional interpreters by phone or video, available 24/7 in over 240 languages.
- Document Translation: Accurate translation of vital documents, like patient forms, consent forms, and notices of rights, to ensure patients fully understand their care and rights.
- Training and Support: Guidance and training for your staff on best practices for using language services and understanding compliance requirements under Section 1557.
- Compliance Materials: Help with translating the required notices in the top languages spoken in your state.
By partnering with LanguageLine, dental practices will improve patient care and accessibility, meet important legal requirements, and enhance patient satisfaction and outcomes.
Doing all the above not only protects your practice from potential legal issues but also shows your commitment to fair and equitable care. Please contact us so we can learn how to best support you in staying compliant with Section 1557.