A Law Every Hospital Should Know, Complying with OCR Section 1557 and the CMS Hospital CoPs: Discrimination; Interpreters, 2 Required Signs, Assistive Devices, and More

Product Id : HE74
Instructor : Sue Dill Calloway
Oct 09, 2019 1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 90 Minutes

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This webinar will discuss a law that applies to all hospitals, including critical access hospitals, and other healthcare providers such as physician offices and nursing homes. Have you posted the required two signs, amended the patient rights statement, trained your staff, and implemented your policies yet? Have your selected an employee, such as a patient advocate, to address any grievances on discrimination?

The law addresses a civil rights law for healthcare providers and others and addresses nondiscrimination, required signs and notices, interpreters, and more under Section 1557 of the Affordable Care Act. It forbids discrimination based on sex, race, color, national origin, age, and disability. It builds on long standing and familiar Federal civil rights laws. This is the first law to prohibit discrimination on the basis of sex (which includes gender, gender identity and sex stereotyping) in covered health programs and activities.    Sex discrimination also includes discriminatory treatment on the basis of pregnancy, false pregnancy, termination of pregnancy, recovering from pregnancy, childbirth and related medical conditions, sex stereotyping, and gender identity.

This program will also cover the CMS proposed changes to the hospital CoPs to implement this new law under the proposed Hospital Improvement Rule. CMS noted there were no prohibitions in the hospital CoPs on gender identities which can be a barrier to seeking care. Numerous studies have shown the impact or the perceived discrimination when seeking care. Many reports, including an IOM report, found that many lesbian, gay, bisexual, and transgender patients refrain from disclosing sexual orientation or gender to their health care provider. Hospitals are required to have a policy on nondiscrimination and must educate their staff. Patients must be notified in a language they can understand and how to file a complaint if they encounter discrimination. Interpreters must be qualified and this will be explained.

This program will help meet the education requirements to ensure your employees know and follow this law. Have you made the required policy changes? Has staff been educated on these new policies which includes physicians and mid level providers? Do you have the requisite sign posted? Do you provide information contained in the 15 or so taglines so patients are aware of their right to an interpreter. Have you designated an employee (civil rights coordinator) to work with patients who file a grievance?  Case scenarios will be discussed. Resources will provided such as a list of each state‚Äôs 15 taglines and OCR has these in 64 languages. Sample notice to be posted and sample grievance procedure will also be provided.

Issues covered:

  • Interpreters
  • Discrimination prevention
  • 2 required signs
  • Revision of complaint policy
  • Required person to handle complaints
  • Policies required 
  • Training required
  • Assistive devices such as magnifying glasses
  • Revised admission process
  • OIG cases against hospitals

Who Should Attend?

Risk Manager, Patient Advocates, Consumer Advocates, Healthcare Attorneys, Compliance Officer, Chief Medical Officer, CEO, COO, CNO, Nurse Managers, ED Managers, Physicians, Mid Levels, Policy Committee, Nurses, Nurse Supervisors, Director of Registration, Director of Physician Office Practices, human Resources, Person in charge of Interpreting Services, Director of Education, and anyone else involved in complying with federal laws and the hospital CoPs.

Speaker Profile:

Sue Dill Calloway, RN, MSN, JD, is the president of Patient Safety and Healthcare Consulting and Education company with a focus on medical-legal education especially Joint Commission and the CMS hospital CoPs regulatory compliance. She also lectures on legal, risk management and patient safety issues. She was a director for risk management and patient safety for five years for the Doctors Company. She was the past VP of legal services at a community hospital in addition to being the privacy officer and the compliance officer. She was a medical malpractice defense attorney for ten years. She has 3 nursing degrees in addition to a law degree.

She is a well-known lecturer and the first one in the country to be a certified professional in CMS. She also teaches the course for the CMS certification program. She has written 102 books and thousands of articles.

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