Sec. 207. Assurances for receiving Federal funds
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Any health program or activity, any part of which is receiving Federal financial assistance, including credits, subsidies, or contracts of insurance, and any program or activity that is administered by an executive agency or any entity established under title I of the Patient Protection and Affordable Care Act (or amendments made thereby), as such programs, activities, agencies, and entities are described in section 1557(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ), in order to ensure the right of LEP individuals to receive access to quality health care, shall— ensure that appropriate clinical and support staff receive ongoing education and training in linguistically appropriate service delivery; offer and provide appropriate language services at no additional charge to each patient with limited-English-proficiency at all points of contact, in a timely manner during all hours of operation; notify patients of their right to receive language services in their primary language; and utilize only competent interpreter or translation services, as defined in section 3400 of the Public Health Service Act.
The requirements of subsection (a)(4) shall not apply as follows: When a patient (who has been informed in his or her primary language of the availability of free interpreter and translation services) requests the use of family, friends, or other persons untrained in interpretation or translation if the following conditions are met: The interpreter requested by the patient is over the age of 18. The recipient informs the patient that he or she has the option of having the recipient provide an interpreter for him or her without charge, or of using his or her own interpreter.
The recipient informs the patient that the recipient may not require an LEP person to use a family member or friend as an interpreter. The recipient evaluates whether the person the patient wishes to use as an interpreter is competent. If the recipient has reason to believe that the interpreter is not competent, the recipient provides the recipient’s own interpreter to protect the recipient from liability if the patient’s interpreter is later found not competent. If the recipient has reason to believe that there is a conflict of interest between the interpreter and patient, the recipient may not use the patient’s interpreter.
The recipient has the patient sign a waiver, witnessed by at least 1 individual not related to the patient, that includes the information stated in subparagraphs
(A)through
(E)and is translated into the patient’s language. When a medical emergency exists and the delay directly associated with obtaining competent interpreter or translation services would jeopardize the health of the patient, but only until a competent interpreter or translation service is available. Subsection (b)(2) shall not be construed to mean that emergency rooms or similar entities that regularly provide health care services in medical emergencies are exempt from legal or regulatory requirements related to competent interpreter services.
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Sec. 207
Assurances for receiving Federal funds
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