(Recorded Webinar) It’s All About Access: Anti-Discrimination Laws for Health Centers and an ACA Section 1557 Update
The Biden Administration has recently proposed changes that would strengthen Section 1557 protections. Health Centers must comply with an assortment of anti-discrimination laws that apply by virtue of their receipt of federal funding and participation in federal healthcare programs. These laws include Title VI of the Civil Rights Act of 1964 and Section 1557 of the Affordable Care Act (“ACA”) which protects people of every race, color, or national origin from discrimination in programs and activities that receive federal financial assistance from HHS.
Other applicable anti-discrimination laws also include the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973 which prohibit discrimination against people with disabilities. With COVID-19 potentially having long-term health and disabling consequences, it is foreseeable that a larger proportion of the population will be contending with one or more disabilities in the future and the protections afforded by the ADA are more important than ever. Yet despite the fact that people with disabilities comprise approximately 25 percent of the population, they often confront barriers to basic health care services such as physical examinations, weight measurement, and effective communication with their health care providers.
While these anti-discrimination laws potentially apply to other health care providers as well, health centers are in a unique position because they are also affirmatively required to provide care in a culturally competent manner while promoting access and eliminating barriers to care. Health centers have an opportunity to support and complement these anti-discrimination laws while complying with the federal laws they are bound to follow.
This webinar will provide an overview of Title VI of the Civil Rights Act, Section 1557, the ADA, and the Rehabilitation Act with an emphasis on how they overlap and interplay with health center program requirements. The webinar will also cover the U.S. Department of Health and Human Services and the Department of Justice joint guidance document on “long COVID” as a disability. The guidance, released on the 31st anniversary of the ADA, provides additional clarity on how these disability nondiscrimination laws apply to people who may be newly covered under these laws because of the impact of COVID-19 infection. The document discusses when long COVID may be considered a disability under the ADA and other applicable laws.
The presenter will provide examples of recent federal government enforcement efforts involving health centers and other health care providers.
- Health center management
- Health center CMOs
- Clinical staff
After this webinar, you will be able to:
- Identify the key features of Title VI of the Civil Rights Act, Section 1557 of the Affordable Care Act, the Americans with Disabilities Act, and the Rehabilitation Act
- Develop an understanding as to how these laws intersect with health center program requirements
- Encounter examples of recent government enforcement efforts in the area of accessibility and health care.
Kathy is a Partner in Feldesman Tucker’s health law practice group. In the area of health law, Kathy’s practice focuses on government-sponsored health care programs such as Medicaid, CHIP, Medicare, and the Affordable Care Act, with an emphasis on payment/reimbursement and compliance related issues. Kathy also represents clients in government investigations and audits, litigation before federal and state courts, as well as in administrative appeals with the U.S. Department of Health and Human Services Departmental Appeals Board (DAB) and Provider Reimbursement Review Board (PRRB). She provides reimbursement counseling (including identification, reporting, and repayment of overpayments) with respect to Medicare, Medicaid, and private third-party payors. [Full Bio]
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