In 2016, the Department of Health and Human Services (HHS) released the final regulations on the Affordable Care Act’s (ACA’s) non-discrimination provisions, also referred to as Section 1557. At that time, MedBen brought these new provisions to your attention and asked you to determine whether or not your organization was subject to them.
One of the requirements of Section 1557 was to appoint a Civil Rights Coordinator and define the steps an employee should take if they felt they had been discriminated against. When advised, MedBen readily assisted in preparation of a Non-Discrimination Notice to hand out to employees. Additionally, non-discrimination language was added into your Plan and Summary Plan Description (SPD), and an Addendum was created to distribute with your Summary of Benefits Clarification (SBC).
Now that a few years have passed, MedBen would like to make sure the information you originally provided us is still up to date. If any of the information in your current documents is outdated (i.e. phone numbers, emails, names, addresses), please inform your Account Management Team to ensure that any such updates are made to the applicable documents.
If you’re a client who is new to MedBen, or a client who is not sure if you’re subject to the ACA’s Non-Discrimination provisions, please be advised that a major determining factor is whether or not you receive money from HHS, including Medicare or Medicaid payments. If you do, you are most likely subject to the provisions.
Additional information on the criteria to determine if you are subject to these provisions and how to comply with them can be found at the HHS website. If you are still unsure if you are subject to Section 1557, we suggest you consult with your employment attorney or Accountant.
Please contact your Account Management team with any questions or concerns regarding Section 1557.