Sec. 2002. Improving access to services for individuals with limited English proficiency
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/bill/117/s/4486/is/section-2002A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 culturally competent services and meaningful access to those services consistent with, and without substantially burdening, the fundamental mission of the agency; to require each Federal agency to translate any English language written material prepared for the general public relating to a public health emergency, including vaccine distribution and education, into the top 15 non-English languages in the United States (according to the most recent data from the American Community Survey or its replacement) not later than 7 days after any such material is made available in English; to require each Federal agency to ensure that recipients of Federal financial assistance provide culturally competent services and meaningful access to applicants and beneficiaries who 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 section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ) (prohibiting health care providers and organizations from discriminating 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 2003(a) shall prepare a plan or update 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; giving notice to individuals with limited English proficiency of the right to competent language services; training staff (at least annually); and monitoring and assessing the quality of the language services (at least annually); the steps the agency will take for such program or activity to provide reasonable accommodations necessary for individuals with limited English proficiency, including those individuals with a communication disability, to understand communications from the agency; the steps the agency will take to ensure that applications, forms, and other significant 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; 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 section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ); and the steps the agency will take and resources the agency will provide to ensure that individuals know their rights, including the ability to file a complaint. Each agency that is required to prepare a plan under paragraph
(1)shall— consult with populations who are directly impacted by policies in the plan and their representatives in the development of the plan; and when the plan is finalized, send a copy of such plan to the Attorney General, to serve as the central repository of all such plans.
Connectionstraces to 3
2 references not yet in our index
- 42 USC 2000d–1
- 67 FR 41455
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Sec. 2002
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