Читать книгу Section 1557 of the Affordable Care Act - American Dental Association - Страница 10

Taglines are short statements in the top 15 non-English languages in your state, telling the public that language assistance services are available free of charge. A covered dentist or dental practice may use the ADA sample tagline, the OCR sample tagline, or may develop its own tagline and have it translated, as long as the tagline meets the requirements of the final rule.

• ADA Sample Tagline. The ADA has developed a sample tagline that is targeted to dentistry. State-by-state lists of this tagline translated into each state’s or US territory’s top 15 languages. ADA members may access this information at https://success.ada.org/en/regulatory-legal/section-1557/~/link.aspx?_id=6FA08470962D4A66BEBAA86451248E3B&_z=z.

The ADA sample tagline reads:

We will take reasonable steps to provide free-of-charge language assistance services to people who speak languages we are likely to hear in our practice and who don’t speak English well enough to talk to us about the dental care we are providing.

• OCR Sample Tagline. The OCR has also developed a sample tagline, available in Appendix D of this document:

• ATTENTION: If you speak [insert language], language assistance services, free of charge, are available to you. Call 1-xxx-xxx-xxxx (TTY: g1-xxx-xxx-xxxx).

To find the top 15 non-English languages in your state, visit the OCR website at www.hhs.gov/sites/default/files/resources-for-covered-entities-top-15-languages-list.pdf?language=es.

The OCR also provides translations of the OCR sample tagline into various languages on its website at www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html?language=es.

You must post the notices in your office, on your website (if you have one), and in significant publications and communications targeted to patients or the public.

• Office. The notices must be placed in locations where you interact with the public, and must be in a conspicuously-visible font size.

• Website. On your website, they must be in a conspicuous location accessible from the home page.

• Publications and Communications. The notices must be printed in significant publications and/or communications targeted to patients and to the public. This may include patient handbooks, outreach publications, or written notices pertaining to rights or benefits or requiring a response from an individual, as well as significant communications (such as letters) to an individual.

There is no clear test to determine what is considered a “significant” publication or communication.

OCR intends to interpret “significant communications and publications” broadly and believes you are in the best position to determine which communications and publications are significant.OCR has suggested that factors may include the importance of the program, information, encounter or service involved, and the consequences to an individual with limited English proficiency if the information is not provided accurately or in a timely manner.

OCR did not provide a list of examples, and said that each covered entity is in the best position to determine which of its publications and communications are significant. However, in discussing this requirement OCR has referred generally to:

• Documents intended for the public, such as outreach, education, and marketing materials

• Written notices requiring a response from an individual and written notices to an individual, such as those pertaining to rights and benefits

• Consent and complaint forms, written notices of eligibility criteria, rights, denial, loss, or decreases in benefits or services, and applications to participate in a program or activity or to receive benefits or services

• Announcements, bulletins, catalogs, or application forms

If a significant publication or communication is small-sized, such as a postcard or tri-fold brochure, you may post:

• Taglines in the top two languages in your state, instead of the top 15

• An abbreviated Statement of Nondiscrimination instead of the full Notice of Nondiscrimination