Health Care Nondiscrimination Notice Requirement Is Going Away

The Department of Health and Human Services' has removed requirements that employers issue non-discrimination statements to employees that will go into effect on August 18, 2020. Read this blog post to learn more.


On Aug. 18, 2020, the Department of Health and Human Services' (HHS's) finalized changes to the Affordable Care Act's Section 1557 nondiscrimination rules will take effect, removing requirements that employers issue health care nondiscrimination statements to employees and add health care nondiscrimination taglines to employee communications.

Prior to the changes under a final rule HHS published on June 19, employers had to ensure that they, along with their insurers (for fully insured plans) or third-party administrators (for self-insured plans), abided by a 2016 HHS rule requiring employer-sponsored plans to:

  • Create and maintain a notice of health care nondiscrimination.
  • Include it in "significant communications" along with taglines in 15 different languages advising individuals of the availability of language assistance.
  • Include similar taglines for other communications but only in three different languages.

These notices are still required until Aug. 18.

"Now more than ever, Americans do not want billions of dollars in ineffective regulatory burdens raising the costs of their health care," said Roger Severino, director of the Office for Civil Rights at HHS.

Less Paperwork and Lower Costs

"The final rule eliminated the requirement to post the discrimination notice and add taglines," said John Kirk, an attorney at law firm Graydon in Cincinnati. "The final rule also eliminated the requirement that the discrimination notice and taglines be included with all significant publications sent by the organization. This change will be a significant cost and administrative timesaver for most entities."

Employers offering employee benefit plans that were subject to the prior 2016 rule "should review any notice and disclosure obligations and may begin revising their disclosures to remove the nondiscrimination statement and required taglines," Kirk advised.

"This is welcome news for employers that were required to create and maintain these complicated notices," according to compliance firm HUB International. "In the preamble to the new final rules, HHS stated that the notices were costing employers and other entities hundreds of millions to billions of dollars, but were not, in HHS's view, providing meaningful additional help to individuals."

HUB noted that "the onerous notice requirement is gone, but nondiscrimination rules still generally apply," prohibiting discrimination in health care on the basis of race, color, national origin, sex, age or disability.

Overshadowed by Transgender Controversy

Most coverage of the HHS final rule focused on its controversial rollback of anti-discrimination protections based on gender identity, which overshadowed the rule's repeal of the notice and tagline provisions under the 2016 regulation.

A coalition of LGBTQ groups and health care providers are suing the Trump administration, alleging the new HHS rule conflicts with the Supreme Court's June 15 decision in Bostock v. Clayton County, Ga., which found that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity.

SOURCE: Miller, S. (16 July 2020) "Health Care Nondiscrimination Notice Requirement Is Going Away" (Web Blog Post). Retrieved from https://www.shrm.org/resourcesandtools/hr-topics/benefits/pages/health-care-nondiscrimination-notice-requirement-is-going-away.aspx


Building A Diverse Workforce In A Small Business

As we grow as a nation, it's important that our workforce grows as well, especially as a small business. Here is a helpful article for employers looking to diversify their workforce and make it more inclusive for everyone.

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There can be little argument against the value a diverse workplace. It’s a critical element of driving innovation, increasing creativity and securing market share, but diversity also makes growth and recruitment more manageable and helps to limit the word all employers want to avoid -- turnover. Diversity is significant enough that two-thirds of people polled in a Glassdoor survey said the level of diversity was important when evaluating job offers. This can prove to be a difficult task for a small business in the tech industry.

So what is workforce diversity? It’s more than simply not discriminating based on race, gender, national origin or disability. Diversity offers an alternative view or difference in opinions. Hiring employees with differing backgrounds in religion, from varying age ranges, sexual orientation, political affiliation, personality and education can become invaluable to an organization.

That being said, it can be nearly impossible to implement or force onto a set of employees. According to Harvard Business Review, researchers examined the success of mandated diversity training programs. While it’s simple enough to teach employees the right answers to questionnaires on bias or and appropriate responses for a given situation, the actual training rarely ever sticks, not more than a few days anyway. There have even been findings that suggest these mandated diversity training courses actually have adverse effects.

In the same article from HBR, managers said that when diversity training was mandatory, it is often met with confrontation and even anger. Some, in fact, reported an increase in animosity toward a minority group. On the other hand, when workers see the training as voluntary, the result is improved attitudes and an increase of 9-13% in the hiring of minorities five years from the training.

So if diversity is crucial to the success of a company or organization, but it's also something that can tough to implement, how does an employer ensure that they are fostering a work environment that is diverse? There are a few things employers can consider when they want to step up their game in building a more well-rounded and diverse workforce.

Evaluate The Hiring Process

Assess the level of diversity in the company. Does it reflect the general workforce of the industry or of the community? Figure out which departments are behind or lacking and what the source might be. Is a team diverse in most areas but still behind in management positions? Are managers hiring based on personal biases?

Top leadership needs to be an advocate for diversity in all hiring decisions, from the entry level to leadership positions. If there is a hiring test, see that managers are adhering to it. The HBR articles noted that even when hiring tests were in place, they were used selectively and that the results were ignored.

Having a hiring panel, or a system of checks and balances, would ensure that no one person would abuse the hiring process to lean too much on their own biases. Employers should also seek out new methods or places to network.

Mentoring Programs

Implementing a mentorship or sponsorship program will create a casual relationship between employees that will help alleviate some biases a manager might have and vice versa. Providing an opportunity for stewardship and responsibility allows the mentor to bestow knowledge on their mentee as they watch them grow.

Mentees will see the value in this experience and come to respect their mentor, laying away any preconceived biases or prejudices. They will become more invested in their work and the organization. Much like training programs, mentoring programs should be optional, not mandatory.

Inclusion

Similar to soldiers who serve together on the frontlines, employees who are part of a self-managed team and working as equals who work to complete projects will learn to dismiss biases on their own. Fostering an environment where employees can connect and collaborate increases engagement and allows for more contact than they may make when left to themselves.

In order to succeed in a global market, a tech organization must move past using "diversity" as a meaningless buzzword and step into action by developing and implementing an equal opportunity employment policy, following the Federal EEOC guidelines. Building and maintaining a diverse workforce is essential to growth and innovation in any industry, especially tech. But when handled poorly, or forced upon employees, it will cause more than a few headaches or even lawsuits. It requires change, a new take on leadership and creating a company culture based the business or service rather than a culture based on individual preferences or ideas.

Read the original article.

Source:
Cruikshank G. (4 December 2017). "Building A Diverse Workforce In A Small Business" [Web blog post]. Retrieved from address https://www.forbes.com/sites/forbestechcouncil/2017/12/04/building-a-diverse-workforce-in-a-small-business/#2b42986a4250

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