“Your Ambulatory Surgery Center could be under fire.”
A new era of healthcare compliance has arrived, and the stakes for ASCs have never been higher. The Department of Health and Human Services has issued a clear mandate: prove your commitment to non-discrimination or face the consequences.
There have long been federal laws in place that are designed to prevent discrimination against individuals based on a number of protected classes (for example, race, gender, and sexual orientation). Due to new regulations recently finalized by the United States Department of Health and Human Services, ambulatory surgery centers (or ASCs) must now show verifiable compliance with updated non-discrimination regulations based on Section 1557 of the Affordable Care Act.
That might seem like a lot to take in–especially quickly. But it’s important to point out that most of the classes highlighted in these new rules are already protected by federal law. Plus, ASCs will have plenty of time to develop and roll out new policies. By November 2, 2024, all covered entities will be required to have designated a Section 1557 Coordinator. By July 25, 2025, written policies and guidelines to ensure compliance must be in place.
This will likely have a direct impact on ASCs in a number of expected and surprising ways–including when it comes to your marketing strategies and materials.
Marketing Materials Must Be Inclusive
ASCs don’t have much choice when it comes to which regulations to follow. Which means ASCs must comply with these updated provisions of Section 1557. Any surgery centers that don’t comply could face harsh penalties. And the goals of this new regulation is laudable: reducing discrimination and improving access to life improving (and life-saving) healthcare procedures.
This will touch on many aspects of your ASC, including your marketing. For example, your marketing materials must reflect your inclusivity goals, welcoming a diverse patient population.
- Embrace Inclusivity in Your Marketing Materials: Any printed literature or materials reflect your values as a clinic, so it makes sense to ensure they are inclusive. This also includes digital materials, such as your website or digital ads.
- Avoid Discriminatory Language: Subtle and overt forms of discriminatory language or values can paint your ASC in a bad light and, in the future, cause problems under Section 1557.
Under these rules, ASCs will also be expected to ensure the following is true:
- The images in your marketing materials are inclusive: Whether you choose to use stock images or custom photography, the images you should select should represent a broad diversity of patients.
- Your website is fully accessible: Because you are required not to discriminate against folks based on disability, this means that your website must be fully in compliance with ADA regulations on accessibility. This can be a big job–though it’s one that PatientX can help with. There are ways to quickly make your website more accessible with relative ease. (It also should be noted that because of the Americans with Disabilities Act, ASCs already have a legal obligation to ensure their websites are accessible.)
- Be intentional: It will be important to take a thoughtful approach to inclusivity: After all, much discrimination is unintentional and unconscious. That’s why it may not be enough to simply let an inclusive atmosphere develop “naturally” or without intention.
It’s important to work with a marketing agency that has experience creating inclusive materials, branding, and messaging. This is something that PatientX has helped clients achieve to help reach larger and broader audiences, and it certainly takes a dedicated approach.
Strategies to Ensure You’re in Compliance
There will not necessarily be a one-size-fits-all approach to compliance with Section 1557, especially when it comes to marketing. ASCs will have to determine the best way to meet benchmarks and goals. However, there are a few proven strategies that PatientX has successfully deployed with clients to achieve more inclusive results.
- Create Targeted Marketing Strategies: These are marketing campaigns and techniques specifically designed to reach diverse patient populations based on their individualized needs. As with any other marketing campaign, targeted marketing guided by data can help make your messaging more resonant and effective.
- Invest in Compliance Expertise: Working with a marketing team who already has experience in compliance can help make this process easier. A marketing agency with compliance helping ASCs be more inclusive or meet the regulatory requirements listed under the ADA will be a useful benefit when it comes to understanding the obligations of your marketing collateral under Section 1557.
- Turn Inclusivity into a Competitive Advantage: Appealing to a more diverse audience set is something that every ASC will need to pivot to–but doing so well can provide a distinct competitive advantage. After all, when you become more inclusive, you also expand your patient base. In other words, you can attract patients you may have otherwise missed.
Resources for ASCs
There are bound to be questions and hurdles as ASCs get ready for the implementation of these new rules. The Department of Health and Human Services has posted several resources that can help ASCs like yours better understand what they’re responsible for (and what they aren’t). These resources include the following:
It’s also important for ASCs to take advantage of their own resources and experts in order to ensure that they are as compliant as possible for the new rules under Section 1557.
By preparing now and ensuring you are in compliance with these new ACA regulations, you’ll protect your ASC from regulatory punishments and place your ASC in an improved position for future growth.
Contact PatientX today to talk about how to get your ASC ready for the future.