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10/12/2016 Joseph Borreggine, DPM
ADA section 1557
As of Oct 16, 2016 ADA section 1557 under ACA goes into effect: http://www.hhs.gov/civil- rights/for-individuals/section-1557/
According to this section, medical offices, healthcare facilities, and hospitals cannot any longer impede a patient based on race, creed, language, sex and/or sexual orientation from receiving medical care. Hence, "cultural competency" is now being mandated by the federal government to force "political correctness" in healthcare delivery and no longer make it an option.
I have done research on this section and how it needs to be implemented by all healthcare providers and hospitals. It is quite arduous and will be costly more for the independent practitioner than those affiliated with corporate health care facilities. Again, a "stick to the eye" of the independent physician who is just trying a decent living.
HIPAA was one thing, then came Meaningful Use and EHR, and then the "coup de grace" was MIPS and MACRA. But, ADA section 1557 is quite serious since it is demanding that physicians and hospitals abide by the law. If they are ignorant or just do not do what they are supposed to then a patient can seek legal action with the full force of the federal government through the Office of Civil Rights (OCR).
I am really not sure what I am supposed to do or if I am doing it right, but we have gathered the resources from the APMA, HHS, and OCR and we will see what happens. Good thing I alive an practice in a rural area in Illinois where the second most common language is Hispanic (the next is Polish). We have made changes to are paperwork given to patients regarding the "OCR Notice of Nondiscrimination", put up bilingual signs, and will need to see how can get a "qualified" interpreter (from who knows where??) since section 1557 will not allow and family member to provide translation anymore to a patient.
This new law is the "signs of the times" and how we as human beings need to be more kind, less prejudice, and fully tolerate all people no matter what. I do not have a problem with that premise statement, but what I do have a problem with is the federal government mandating it in my life because they can.
Joseph Borreggine, DPM, Charleston, IL
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