Nondiscrimination Requirements

ASCs must comply with nondiscrimination requirements by October 19, 2016

Section 1557 of the Affordable Care Act’s prohibition on sex discrimination also requires language assistance for people with limited English proficiency and effective communication for individuals with disabilities.


Notice of the patient’s rights must be explained in a language and manner that the patient or his/her surrogate understands. Covered entities are required use qualified interpreters and translators. Third party vendors are permitted to interpret, but those vendors will now have to comply with these requirements.


The rule also states that covered entities must make electronic information and newly constructed or altered facilities accessible to individuals with disabilities and provide appropriate auxiliary aids and services for individuals with disabilities.


All facilities must post taglines in the top 15 languages spoken by individuals with limited English proficiency in that state that indicate the availability of language assistance. Translations are available on the OCR web site.


For more information about Section 1557, including factsheets on key provisions and frequently asked questions, visit the OCR web site.


To learn more about regulatory issues affecting ASCs, consider attending ASCA’s Minimizing Your Regulatory and Legal Risk Seminar in San Antonio, Texas, January 12-14, 2017.


If you have any questions, please contact Nawa Arsala at