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Affordable Care Act - Section 1557

Non-discrimination in Health Programs and Activities and Grievance Procedure

The Milton S. Hershey Medical Center (MSHMC) complies with applicable Federal Civil Rights laws and does not exclude, deny access/benefits to health care, or otherwise discriminate against or treat differently any person on the basis of race, color, national origin, disability, age, sex, gender identify, sexual orientation or stereotyping in admission to, participation in, or receipt of the services and benefits under any of its programs and activities.

MSHMC provides to people with disabilities and those whose primary language is not English, aids and services, such as qualified sign and spoken language interpreters, over-the-phone interpretation services and written information in other formats, free of charge.

Should you require any of these services to communicate effectively, please let the person scheduling your appointment know about the assistance you need, and/or contact your physician’s office directly prior to your appointment, or contact our Patient Advocate Office for assistance:

Penn State Health Milton S. Hershey Medical Center
Patient Advocate Office
Mail Code H111
500 University Drive
P.O. Box 850
Hershey, PA 17033-0850
Tel: 717-531-6311
Fax: 717-531-0281

If you believe that MSHMC has failed to provide these services or discriminated in another way on the basis of race, color, national origin, age, disability, gender identity or sex, you can file a grievance by contacting the Patient Advocate Office.  If you need assistance filing a grievance, the Patient Advocate Office is available to help you.  You may also file a complaint with the U.S. Department of Health and Human Services, Office for Civil Rights, electronically through the Office for Civil Rights Complaint Portal, available at https://orcportal.hhs.gov/ , by mail at the U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Room 509F, HHH Building, Washington DC, 20201, or phone by calling 1-800-868-1019, TDD 800-537-7697.


Grievance Procedure

Section 1557 of the Affordable Care Act

The Milton S. Hershey Medical Center (MSHMC) has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Affordable Care Act Section 1557. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or disability in certain health programs and activities.  Section 1557 and its implementing regulations may be examined in the office of the Director of 1557 Compliance:

500 University Drive
Hershey, PA 17033-0850
Office: C1747N
Phone: 717-531-0003, ext. 283353
Email: kyoder1@psu.edu

Any person who believes s/he has been subjected to discrimination on the basis of race, color, national origin, sex, gender identity, age or disability may file a grievance.  It is against the law for MSHMC to retaliate against anyone who files a grievance or cooperates in the investigation of a grievance.

Procedure

Grievances must be submitted within 30 days of the date the person filing the grievance becomes aware of the alleged discriminatory action by contacting the Patient Advocate Office:

Penn State Health Milton S. Hershey Medical Center
Patient Advocate Office
Mail Code H111
500 University Drive
P.O. Box 850
Hershey, PA 17033-0850
Phone: 717-531-6311
Fax: 717-531-0281

The Patient Advocate Office shall contact the Director of 1557 Compliance. The Director may delegate investigation duties to assist with the investigation as needed to appropriate individuals within the facility, including the Patient Advocate Office.  A grievance must be in writing, containing the name and address of the person filing it. The grievance must state in as much detail as possible the problem or action alleged to be discriminatory and the remedy or relief sought.

The Director of Section 1557 Compliance, Patient Advocate Office or other appropriate person shall conduct an investigation of the complaint. This investigation may be informal, but it must be thorough, affording all interested persons an opportunity to submit evidence relevant to the complaint. Files and records related to such grievance will be maintained.  A written decision on the grievance will be issued no later than 30 business days after its filing. The person filing the grievance may appeal the decision within 15 days of receiving the Director’s decision to the Chief Compliance Officer by writing to:

Penn State Health Milton S. Hershey Medical Center
Chief Compliance Officer
Mail Code A450
Academic Support Building
90 Hope Drive
Hershey, PA 17033

The Chief Compliance Officer shall issue a written decision in response to the appeal no later than 30 days after its filing.

Appropriate arrangements will be made to ensure that individuals with disabilities and individuals with a primary language other than English are provided auxiliary aids and services or language assistance services, respectively, if needed to participate in this grievance process.  Such arrangements may include, but are not limited to, providing qualified sign and spoken language interpreters, providing appropriate material for the blind, or assuring a barrier-free location for the proceedings.

The availability of the MSHMC Grievance Procedure does not prevent a person from pursuing other legal or administrative remedies, including the filing a complaint of discrimination in court or with the U.S. Department of Health and Human Services, Office for Civil Rights.  A person can file a complaint of discrimination electronically through the Office for Civil Rights Complaint Portal, which is available at: https://orcportal.hhs.gov/, by mail at the U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Room 509F, HHH Building, Washington DC, 20201, or phone by calling 1-800-868-1019, TDD 800-537-7697.

Complaint forms are available at: https://www.hhs.gov/ocr.  Such complaints must be filed within 180 days of the date of the alleged discrimination.