Community Care (Residential Accommodation) Act, 1998 (Public

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TRIBUNAL REFORM: A COMMENTARY ◗ 363 member panels for ART’s first tier division. and hence removable only for misbehaviour or incapacity. the bringing of the veterans’ jurisdiction within the ART’s first division. In civil litigation, the plaintiff is asking the court to order the defendant to remedy a wrong, often in the form of monetary compensation to the plaintiff. Therefore, where a statute requires exhaustion of administrative remedies a court has no jurisdiction to review an interlocutory order and the exhaustion requirement is not a matter for the court’s discretion.

Pages: 4

Publisher: Stationery Office Books (June 1998)

ISBN: 0105419982

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  1. No discrimination based on disability.  This standard requires covered entities to make reasonable changes to policies, practices and procedures to accommodate persons with disabilities.  Also, covered entities must make any electronically-provided services or systems (such as an online enrollment platform) accessible to persons with disabilities.  (See our blog on accessible technology requirements here http://www.adatitleiii.com/2016/06/new-healthcare-regulations-impose-accessible-technology-requirements/)  Newly constructed or altered facilities must be made accessible, and covered entities must make auxiliary aids and services (e.g., sign language interpreters, TTY, captioning, etc.) for disabled persons, free of charge.  
     
  2. Language Assistance.  The final rule requires covered entities to take various steps to provide persons with limited English proficiency (LEP) meaningful access to health programs.  These steps would include:
  • Providing oral language assistance through a qualified interpreter (free of charge) or written translations.
  • Publishing taglines (short statements in non-English languages) informing LEP individuals about the availability of language assistance services, as explained below.
Notice Requirements
 
Communications should be posted in a conspicuously visible font size:
  • In significant publications and significant communications;
  • In conspicuous physical locations where the covered entity interacts with the public; and 
  • In a conspicuous location on the covered entity’s Web site.
  • Small communications, such as postcards and tri-fold brochures - Only the nondiscrimination statement and taglines should be posted in a conspicuously-visible font size.

Each covered entity must post:

  1. A notice conveying the following information:
  • That the covered entity does not discriminate on the basis of race, color, national origin, sex, age, or disability in its health programs and activities;
  • That the covered entity provides appropriate auxiliary aids and services, including qualified interpreters for individuals with disabilities and information in alternate formats, free of charge and in a timely manner, when such aids and services are necessary to ensure an equal opportunity to participate to individuals with disabilities;
  • That the  covered entity provides language assistance services, including translated documents and oral interpretation, free of charge and in a timely manner, when such services are necessary to provide meaningful access to individuals with limited English proficiency;
  • How to obtain the aids, services and assistance described above;
  • If applicable*, the availability of a grievance procedure and the contact information for the Civil Rights Coordinator with whom the grievance may be filed; and 
  • How to file a discrimination complaint with the Office of Civil Rights (OCR) at HHS.
  1. A nondiscrimination statement that states the covered entity does not discriminate on the basis of race, color, national origin, sex, age, or disability in its health programs or activities.
     
  2. Taglines in at least the top 15 languages spoken by individuals with limited English proficiency of the relevant state or states.  (For small communications such as post cards, post taglines in at least the top two languages.)   

    The HHS website contains translated resources for covered entities:  http://www.hhs.gov/civil-rights/for-individuals/section-1557/translated-resources/index.html

 
*Only covered entities that employ 15 or more persons are required to adopt grievance procedures and designate a responsible employee to coordinate grievances.
 
When is the Rule Effective?
 
The rule is generally effective July 18, 2016 (60 days following issuance of the final regulations).  Notwithstanding the foregoing, the rules contain a delayed effective date in two circumstances:
  • If the rule requires changes to a health plan design, the rule applies the first day of the first plan year beginning on or after January 1, 2017.
  • The notice and tagline requirements discussed above are effective October 16, 2016, except that covered entities may exhaust their current stock of hard copy publications rather than printing entirely new publications.  
Enforcement
 
The enforcement provisions in the final rule are fairly robust.  Where noncompliance cannot be corrected with the OCR informally, available enforcement mechanisms include termination of HHS funding, referral to the Department of Justice, and any other means authorized by law.  The final rules also provide that compensatory damages are available in appropriate administrative and judicial actions.  
 
To Do List
 
  • Determine if you are a covered entity that received funds from HHS.
  • Determine if the covered entity has 15 or more employees.
  • Determine if the covered group health plan requires benefit plan design changes.
  • Prepare necessary communications.

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