Recent Section 1557 federal regulations now require all covered entities, meaning those that receive federal funding from U.S. Health & Human Services (HHS), to include a nondiscrimination notice on all significant communications written for members and the general public. The nondiscrimination notice explains the covered entity does not discriminate on the basis of sex, race or disability.
With the notice are taglines offering assistance for those who need communications in another format like large print or braille, and taglines offering assistance for those with limited English proficiency. UnitedHealthcare is adding standard notices to all applicable materials.
Which Types of Communications Require These Notices?
Section 1557 defines “significant communications” as those that:
Are plan-required materials
Explain plan’s rights or benefits
Provide information on how to use the plan
Require a response from the member, such as required payment or signature
Explain eligibility criteria, or a loss or decrease of coverage
Note materials for brokers, consultants and customers do not require these notices.
Examples of covered and non-covered communications are as follows:
Significant Communications Requiring Taglines
Member notification letters for Formulary/Prescription Drug List (PDL) updates such as Jan.1 and July 1 exclusion and up-tier letters
Explanation of Benefits (EOB)
Summary of Benefits and Coverage (SBC)
Appeals, Grievance and Coverage determination notices
Member websites and apps
Home delivery campaigns/trigger letters
Communications Not Requiring Taglines
Radio or television ads
Outdoor advertising (billboards)
Banners and banner-like ads
Consultant and broker marketing materials (not including enrollment documents)
Customer marketing materials
Consultant and broker websites, apps
For additional information, please contact your UnitedHealthcare representative.