Sec. 202. Improving access to services for individuals with limited-English proficiency
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Consistent with the goals provided in Executive Order 13166 ( 42 U.S.C. 2000d–1 note; relating to improving access to services for persons with limited-English proficiency), it is the purpose of this section— to improve Federal agency performance regarding access to federally conducted and federally assisted programs and activities for individuals with limited-English proficiency; to require each Federal agency to examine the services it provides and develop and implement a system by which individuals with limited-English proficiency can obtain cultural competence and meaningful access to those services consistent with, and without substantially burdening, the fundamental mission of the agency; to require each Federal agency to ensure that recipients of Federal financial assistance provide cultural competence and meaningful access to applicants and beneficiaries that are individuals with limited-English proficiency; to ensure that recipients of Federal financial assistance take reasonable steps, consistent with the guidelines set forth in the Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons (67 Fed. Reg. 41455 (June 18, 2002)) , to ensure culturally and linguistically appropriate access to their programs and activities by individuals with limited-English proficiency; and to ensure compliance with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.) and that health care providers and organizations do not discriminate in the provision of services.
Not later than 120 days after the date of enactment of this Act, each Federal agency providing financial assistance to, or administering, a health program or activity described in section 203(a) shall prepare a plan to improve culturally and linguistically appropriate access to such program or activity with respect to individuals with limited-English proficiency. Not later than 1 year after the date of enactment of this title, each such Federal agency shall ensure that such plan is fully implemented.
Each plan under paragraph
(1)shall include— the steps the agency will take to ensure that individuals with limited-English proficiency have access to each health program or activity supported or administered by the agency; the policies and procedures for identifying, assessing, and meeting the culturally and linguistically appropriate language needs of its beneficiaries that are individuals with limited-English proficiency served by such program or activity; the steps the agency will take for such program or activity to be culturally and linguistically appropriate by providing a range of language assistance options, notice to individuals with limited-English proficiency of the right to competent language services, periodic training of staff, monitoring and quality assessment of the language services and, in appropriate circumstances, the translation of written materials; the steps the agency will take to ensure that applications, forms, and other relevant documents for such program or activity are competently translated into the primary language of a client that is an individual with limited-English proficiency where such materials are needed to improve access of such client to such program or activity; the resources the agency will provide to improve cultural and linguistic appropriateness to assist recipients of Federal funds to improve access to health care related programs and activities for individuals with limited-English proficiency; the resources the agency will provide to ensure that competent language assistance is provided to patients that are individuals with limited-English proficiency by interpreters or trained bilingual staff; and the resources the agency will provide to ensure that family, particularly minor children, and friends are not used to provide interpretation services, except as permitted under regulations implementing section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ). Each agency that is required to prepare a plan under paragraph
(1)shall send a copy of such plan to the Attorney General, which shall serve as the central repository of all such plans. Paragraph (2)(G) 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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2 references not yet in our index
- 42 USC 2000d–1
- 67 FR 41455
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Sec. 202
Improving access to services for individuals with limited-English proficiency
Cite42 USC 2000d–1
Fed. Reg.67 FR 41455
Cites 5Cited by 0 across 0 sources