July 2019 Volume LIV Number 4


Legislative and Regulatory Update

November 2016 Volume LI Number 6

Unless otherwise noted, for further information on any of these issues, please contact Chief Operating Officer and General Counsel C. Scott Litch at (312) 337-2169 or slitch@aapd.org.


Section 1557 Regulations: REMINDERS

Per previous E-News updates and items in PDT (including Litch’s Law Log in the September 2016 issue), pediatric dentists participat- ing in Medicaid and CHIP need to be aware of compliance steps for these new regulations. AAPD is working closely with ADA to raise issues of concern with members of Congress, as the HHS Office for Civil Rights denied our request to delay implementation and to make other changes in the Section 1557 Regulation.

Among other provisions, the final rule will require a covered dental practice to post two kinds of notices: (1) a notice of nondiscrimination, and (2) taglines in the top 15 non-English languages spoken in state indicating that language assistance services, free of charge, are avail- able. As of Oct. 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 inform the public that you will provide translation or interpretation services, must be posted in your office and on your website and in significant publications and communications. OCR has provided the following sample tagline: "ATTENTION: If you speak [insert language], language assistance services, free of charge, are available to you. Call 1-xxx-xxx-xxxx (TTY: 1-xxx- xxx-xxxx)."

• Shorter publications. In shorter publications and communications such as postcards and tri-fold brochures, you may use the top two language taglines and a shorter Nondiscrimination Statement instead of the full Notice of Nondiscrimination: "[NAME OF DENTAL PRACTICE] complies with applicable federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability, or sex."

One of the common questions AAPD has received is how can my practice easily post notices in all 15 of the most common languages spoken in my state? The ADA has made that easy by providing state-by-state ADA sample taglines indicating that language assistance is available for patients with limited English proficiency who need interpretation or translation services. You may wish to use either the Firefox or Internet Ex- plorer web browser when downloading the taglines if you have trouble downloading them with your web browser.

Here are the top 15 languages in each state:https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/Appendix-A-Top-15.pdf.

Another common question is how can my practice access translation services? Unfortunately there is no national database of such services. AAPD is exploring various discounted options for our members. One option you should be aware of is DT, which is available at a discount to AAPD members those who have Medical Protective coverage (the AAPD’s endorsed professional liability insurance carrier).

For more infomration, visit http://aapd-oldsite.ae-admin.com/resources/litch_law/. The ADA has provided a number of resources to assist with compli- ance, including sample notices. There is also a section 1557 FAQ on the ADA’s website at http://success.ada.org/en/practice/operations/section-1557/ section-1557-faq. AAPD members needing any assistance accessing the materials should Chief Operating Officer and General Counsel C. Scott Litch at slitch@aapd.org.

Additional information is available on the AAPD website at: http://aapd-oldsite.ae-admin.com/assets/1/7/Section_1557_Basics_for_AAPD_Members_new1.PDF.

Click here for a PDF version of this article.