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Effective Dates

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OCR has been enforcing Section 1557 since 2010, but the final rule was published on May 18, 2016. There are three key compliance dates for the requirements in the final rule.

By July 18, 2016, covered dental practices needed to comply with most of the final rule, such as:

Individuals with limited English proficiency (LEP). Take reasonable steps to provide meaningful access to each individual with LEP eligible to be served or likely to be encountered in your office by providing language assistance services free of charge.

Individuals with disabilities. Take appropriate steps to ensure effective communications with individuals with disabilities, and to provide appropriate communication tools to individuals with disabilities when necessary.

Qualified interpreters and translators. When you provide an interpreter or translator for an individual with LEP or an interpreter for an individual with a disability, the interpreter or translator must meet certain criteria (this also applies to bilingual staff). A video remote service could be used; if you use such a service, there are specific technical requirements that must be met.

Accessibility of technology. Electronic or information technology used by patients must be accessible to individuals with disabilities unless doing so would result in undue financial and administrative burdens or a fundamental alteration of the nature of the practice.

Grievance procedures. If you have 15 or more employees, you must develop and implement a grievance procedure and include information about your grievance procedure in your Notice of Nondiscrimination.

By October 16, 2016:

A Notice of Nondiscrimination must be posted in your office, on your website (if you have one), and in significant publications and communications.

Taglines in the top 15 non-English languages spoken in your state must be posted in your office, on your website (if you have one), and in significant publications and communications. A tagline is a short statement indicating the availability of language assistance services free of charge.

Shorter publications. In shorter significant publications and communications such as postcards and tri-fold brochures, you may use a shorter Statement of Nondiscrimination instead of the full Notice of Nondiscrimination, and taglines in the top two languages instead of all 15.

By Jan. 1, 2017, or, if later, by the first day of the plan year or policy year:

Employee health programs. Certain employee health programs offered by covered entities, such as employee health benefit plans, wellness programs, and long term care plans, must comply with the final rule. With certain exceptions, technology used by employees in connection with the health program must be accessible to individuals with disabilities.

Section 1557 of the Affordable Care Act

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