Important Laws, Regulations and Guidelines

The Joint Commission

2010. Joint Commission on Accreditation of Healthcare Organization. Approved: New and revised hospital EPs to improve patient-provider communication. IN Joint Commission Perspectives. Vol. 30(1).

These new standards put out by the Joint Commission, which will be implemented for accrediting purposes no sooner than January 1, 2011, specifically address the option of institutionalizing hospital employed language interpreters as an appropriate possibility. It details several specific standards in addressing language appropriate care, including provision and qualifications of interpreters, translated materials, and collection of patient's language of preference data.

The Joint Commission. Improving Patient-Provider Communication: Joint Commission Standards and Federal Laws. 2009.
Video co-presented by the Joint Commission and the Office of Civil Rights on standards and regulations.

2008. Joint Commission. Crosswalk of the Office of Minority Health's National Standards for Culturally and Linguistically Appropriate Services (CLAS) and The Joint Commission's 2009 Standards for the Hospital Accreditation Program.

The Crosswalk outlines exactly which 2009 Joint Commission standards directly correlate with and support specific CLAS standards.

NCQA

2008. Standards and Guidelines for Physician Practice Connections – Patient-Centered Medical Home (PPC-PCMH). National Committee for Quality Assurance.

See page 30 #11, p. 31 #5, p. 33 #5, p. 49 #1, p. 50 #2, p. 61 #2 for language-specific points.

Federal

2003. Federal laws and policies to ensure access to health services for people with limited English proficiency. National Health Law Program and The Access Project.

This document provides short answers to the following questions: Is there a federal requirement that health care providers offer interpreters to individuals who do not speak English well? What if the provider unintentionally discriminates against individuals? Who is covered by Title VI? Why has so much discussion recently focused on language access? How does a health care provider know what it should do to provide language services? Are there specific guidelines for health care providers? How does OCR determine if a health care provider is discriminating? How should a provider offer oral interpretation services? When should a provider translate written materials? What are the costs and benefits of providing language services? How can health care providers pay for language services? If my state draws down Medicaid/SCHIP funds, to whom can language services be provided? Where can I get more information?

2009. Adelson, Bruce. Title VI of the Civil Rights Act of 1964: A compliance primer for health care providers. CCH Health Care Compliance Letter. May 19, 2009.

This brief article outlines the basics of Title VI requirements by the numbered sections of the law. It then goes into the consequences of noncompliance for an organization, and the burden of proof to win a complaint case. A section is dedicated to outlining the process of filing complaints with the federal government. Next it answers: what should health care providers do to comply with Title VI? The steps detailed are: conducting a four-factor analysis, creating an implementation plan, and meaningful access. Finally specifics on different aspects of providing language assistance are discussed, including what are "vital" documents, "waiver of rights" to interpreter services, telephone and in-person interpreter services, children and third-party use as interpreter, and use of bilingual staff as interpreters.

2003. Office of Civil Rights, U.S. Department of Health and Human Services. Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 68 Fed. Reg. 47311. http://www.usdoj.gov/crt/cor/lep/hhsrevisedlepguidance.html

This guidance builds on Title VI and Executive order 13166, establishing more explicit requirements for programs receiving federal funds to provide language appropriate services for LEP clients, requiring that interpreter and other language appropriate services be provided free of charge to LEP clients during all hours of service, and that signage be posted in all relevant languages notifying patients of their rights to these services.

2000. William J. Clinton. United States Department of Justice Civil Rights Division. Executive Order 13166: Improving Access to Services for Persons with Limited English Proficiency. http://www.justice.gov/crt/cor/Pubs/eolep.php

This document builds on Title VI, establishing more explicit requirements for programs receiving federal funds to provide language appropriate services for LEP clients.

Commonly asked questions: Executive Order 13166.

This document provides simple, clear and concise answers to common questions on the basics of Executive Order 13166, such as what it is, what it covers and more.

1964. U. S. Department of Justice Civil Rights Division. Title VI of the Civil Rights Act of 1964. http://www.justice.gov/crt/cor/coord/titlevi.php

The federal law that is used to advocate for the provision of language appropriate and effective services for LEP patients receiving care from any program supported by federal funds, on the grounds of the statement that: "no person in the United States shall on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

2001. U. S. Department of Justice Civil Rights Division. Title VI Legal Manual. January 11, 2001.

This document provides explanation the context and history of Title VI, the definition of specific terms and what constitutes "a recipient," "program or activity," federal financial assistance," and more.

OMH: CLAS

2001. U.S. Department of Health and Human Services, OPHS, Office of Minority Health. National Standards for Culturally and Linguistically Appropriate Services in Health Care: Final Report. Washington, DC.

The CLAS standards are primarily directed at health care organizations. The principles and activities of culturally and linguistically appropriate services should be integrated throughout an organization and undertaken in partnership with the communities being served. The 14 standards are organized by themes: Culturally Competent Care (Standards 1-3), Language Access Services (Standards 4-7), and Organizational Supports for Cultural Competence (Standards 8-14).

Louisiana

Summary of state law requirements addressing language needs in health care: Louisiana. National Health Law Program.

This document is a chart of each legislative provision, the type of legislation that it is, and a description of what it requires.

2008. City of New Orleans Resolution NO. R-08-331. June 19, 2008.

This resolution states that the New Orleans City Council supports and encourages the work of the Language Access Coalition, and encourages people to actively participate in activities to break down language barriers in New Orleans.

Please contact Katrina Badger at: katrinabadger@reachnola.org with any additional resources to add to the website or any questions.