Providers and Hospitals Prohibited Against Discrimination

Providers and Hospitals Prohibited Against Discrimination and Expected to Provide Language Assistance to those with Limited English Proficiencies

The Department of Health and Human Services (HHS) in May of this year released its final rule implementing Section 1557 of the Affordable Care Act. This Section prohibits discrimination based on race, color, national origin, sex, age or disability in certain health programs and activities receiving funding from HHS (e.g., Medicare and Medicaid, and Health Insurance Marketplace participants).

This final rule incorporates Title VI of the Civil Rights Act. It does not, however, specify whether Section 1557 prohibits against discrimination re sexual orientation; but it is worth noting that HHS prohibits such discrimination “as a matter of policy.” Covered entity under this final rule (not to be confused with HIPAA’s “covered entity”) are also required to take reasonable steps to provide meaningful access to those individuals with limited English proficiency (e.g., provide oral and written translations).

Hospitals and providers are required to be in full compliance by October 16, 2016. Please note there is a private right of action (including class action) under this Section 1557.

You can find the final rule here: https://www.gpo.gov/fdsys/pkg/FR-2016-05-18/pdf/2016-11458.pdf

HHS’ policy on Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons is here: https://www.justice.gov/sites/default/files/crt/legacy/2010/12/14/hhsrevisedlepguidance_0.pdf

Chairman’s Mid-Autumn Festival Message

This week we celebrate the Mid-Autumn Festival, also known as the Harvest Festival or the Moon Festival. This is a special holiday in Asian cultures. Next to the Lunar New Year, this holiday is the second most important. I’ve always thought of it as the equivalent of Thanksgiving in the U.S. It is a time for gathering family and friends, give thanks for the harmonious times, and pray for good fortunes.

Here in the Midwest, we are far away from the warmth of this holiday and the smell of fresh baked mooncakes, the soft glows of lanterns, and the days-off to celebrate. As an immigrant of more than 20 years, I have grown accustomed to the lost and longing. But I remind you, our member companies, and the good people of this Greater Cincinnati region that this is a special time for those who do celebrate. I ask that you share your smiles and open your hearts. Learn about the traditions and folklores of this important festival. Ask about the ten suns and the story of Chang-E. Don’t be afraid to try a piece of mooncake, and no it is not the same as a moon pie. Welcome and embrace the difference, celebrate together the meaning and substance to your diversity and inclusion efforts.

And for all those who do celebrate this Mid-Autumn Festival, I wish you:

月到秋分明,一年团圆日,祝你中秋事圆,身体安康, 万事如意,心想事成!

Jin Kong (孔进, 德昌)

Chairman, Greater Cincinnati Chinese Chamber of Commerce

MEMBER PROFILE: FBT & G4C BOARD MEMBER Rhonda Schechter

Chinese Chamber Member Profile

Frost Brown Todd is a full-service law firm serving some of America’s top corporations and emerging companies. With attorneys regularly identified by clients, peers and industry organizations as leaders in their practice areas, the firm advises and protects clients in business transactions and litigation in many industries, including insurance, financial services, manufacturing, real estate, construction, energy and health care. More than 500 attorneys in 12 offices in Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, Texas, Virginia and West Virginia provide unparalleled service to meet clients’ needs; deliver the insights and solutions available only from a diverse group of professionals. Our international team helps U.S. businesses grow and operate abroad and assists foreign businesses with expansion into the U.S.  To learn more about our range of services, visit frostbrowntodd.com.

Rhonda B. Schechter, Senior Associate, Frost Brown Todd LLC.

Rhonda is an attorney in the Health Law and Corporate/Business practice groups at Frost Brown Todd LLC, and serves as the Secretary of the Greater Cincinnati Chinese Chamber of Commerce. She assists clients, particularly those in the health care industry, with a range of business issues including mergers and acquisitions, vendor and physician contracts, and compliance with Medicare/Medicaid conditions of participation and other regulatory schemes. She has broad-based experience advising clients on hospice care, medical residency programs, and meaningful use of electronic health records.

Rhonda received her J.D. in 2009, graduating first in her class (summa cum laude) from the Salmon P. Chase College of Law, where she served on the editorial board of the Northern Kentucky Law Review and as a justice of the Moot Court Board. Prior to receiving her J.D., she taught college language courses and worked with various international businesses as an administrator and consultant. She holds a Bachelor of Arts degree in Japanese Studies and French from Earlham College and a Master of Arts degree in East Asian Studies from Indiana University. Rhonda is fluent in French, conversational in Mandarin Chinese and also speaks some Japanese.

Rhonda is a graduate of the “Boardway Bound” program offered by ArtsWave (formerly the Fine Arts Fund) to train individuals to serve as board members for local arts organizations. She served on the board of Bi-Okoto Cultural Institute and currently serves on the board of directors of The Children’s Law Center, an organization based in Covington, KY that works to protect and enhance the legal rights of children.

New shipping requirements for China: ZIKA anti-mosquito treatment

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China’s AQSIQ (China’s Quality, Inspection and Quarantine Authority) recently released new shipping requirement from Zika affected countries (the USA falls into this category) as follows:

In order to prevent the spread of the ZIKA virus, transportation and containers from all involved countries and regions to China Ports shall be required to anti-mosquito treatment, without mosquito treatment proof must subject to treatment at Port of Discharge by local inspector immediately. China Entry-exit inspection and quarantine authorities will follow the quarantine regulations strictly for shipments from these countries and regions to China.

Click here to download the China AQSIQ Announcement – ZIKA anti-mosquito treatment