Sec. 2009. Requirements for health programs or activities receiving Federal funds
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In this section— the term covered entity has the meaning given such term in section 92.4 of title 45, Code of Federal Regulations, as in effect on May 18, 2016 (81 Fed. Reg. 31466); and the term health program or activity has the meaning given such term in section 92.4 of title 45, Code of Federal Regulations, as in effect on May 18, 2016 (81 Fed. Reg. 31466). A covered entity, in order to ensure the right of individuals with limited English proficiency to receive access to high-quality health care through the covered program or activity, shall— ensure that appropriate clinical and support staff receive ongoing education and training in culturally and linguistically appropriate service delivery at least annually; offer and provide appropriate language assistance services at no additional charge to each patient that is an individual 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 qualified interpreters for an individual with limited English proficiency or qualified translators, except as provided in subsection (c).
The requirements of subsection (b)(4) shall not apply as follows: When a patient requests the use of family, friends, or other persons untrained in interpretation or translation if each of the following conditions are met: The interpreter requested by the patient is over the age of 18. The covered entity informs the patient in the primary language of the patient that he or she has the option of having the entity provide to the patient an interpreter and translation services without charge.
The covered entity informs the patient that the entity may not require an individual with a limited English proficiency to use a family member or friend as an interpreter. The covered entity evaluates whether the person the patient wishes to use as an interpreter is competent. If the covered entity has reason to believe that such person is not competent as an interpreter, the entity provides its own interpreter to protect the covered entity from liability if the patient’s interpreter is later found not competent.
If the covered entity has reason to believe that there is a conflict of interest between the interpreter and patient, the covered entity may not use the patient’s interpreter. The covered entity 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 primary 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 (c)(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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- 81 FR 31466
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Sec. 2009
Requirements for health programs or activities receiving Federal funds
Fed. Reg.81 FR 31466
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