In Part I of our article, we talked a little bit about ACA and ADA; in this second part, we will speak of Executive Order 13166, Title IV of the Civil Rights Act, and the National Standards for Culturally and Linguistically Appropriate Services (CLAS)
EXECUTIVE ORDER 13166
President Bill Clinton signed this order in 2000. This order was to "Improve access to services for Limited English Proficient (LEP) individuals."
The Executive Order requires federal agencies to review the services they provide, identify any need for services for LEP persons, and develop and implement a system to deliver those services so that LEP persons can have meaningful access to them.
The Executive Order also requires federal agencies to work to ensure that recipients of federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
To assist federal agencies in meeting these responsibilities, the U.S. Department of Justice has issued a policy guidance document, " Compliance with Title VI of the Civil Rights Act of 1964 - National Origin Discrimination Against Limited English Proficient Persons." This LEP Guidance sets forth compliance standards that recipients of federal financial assistance must follow to ensure that their programs and activities generally provided in English are accessible to persons with limited English proficiency and, therefore, do not discriminate based on national origin.
TITLE IV OF THE CIVIL RIGHTS ACT OF 1964
President Lyndon B. Johnson signed the Civil Rights Act on July 2, 1964. This law prohibits discrimination in public accommodations by integrating schools and other public facilities and makes discrimination in the workplace illegal.
Concerning Limited English Proficient (LEP) individuals, this law requires institutions receiving funds from the Department of Health and Human Services (HHS) to provide an interpreter free of charge to anyone in need of the service.
In other words, it requires recipients of federal financial assistance to take reasonable steps to make their programs, services, and activities accessible to LEP persons, including interpreters and documents translated into the LEP's preferred language. If you need the services of an interpreter, these institutions must provide them free of charge.
Follow this link to see which agencies receive financial assistance from HHS: HHS FUNDS https://taggs.hhs.gov/SearchRecip
Implementation of the National Standards for Culturally and Linguistically Appropriate Services
THE NATIONAL STANDARDS FOR CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES (CLAS)
These standards are a way to improve the quality of services provided to all people, which will ultimately help reduce health disparities and achieve health equity.
Chapter III on communication and language assistance stipulates the following:
* Provide language assistance to persons with limited English proficiency (LEP) and other communication needs, at no cost to them, to facilitate timely access to all health care and services.
* Inform all individuals of the availability of language assistance services clearly and in their preferred language, verbally and in writing.
* Ensure the competence of language assistance providers, recognizing that the providers should avoid using untrained persons or minors as interpreters.
* Provide easily understood printed and multimedia materials and signage in the languages commonly used by the populations in the service area.
It means that individuals with limited English proficiency have the right to receive professional interpretation services either in person or virtually and in written form at no cost to the patient, as long as the health care facility receives federal funding (under regulations 4,5,6, and 7).
To read about the standards, click on the link: https://minorityhealth.hhs.gov/assets/pdf/checked/spanishexeSum.PDF
At Traducy, qualified interpreters are prepared and ready to help you communicate and break language barriers.
For more information, call us at 385-977-8713 or email us at contact@traducy.com, and for more information about our services, visit our website at www.traducy.com.
Source: justice.gov
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