Legal Duties to LEP Health and Social Services Clients

1. Legal Duties to LEP Health and Social Services Clients Jill Moore Institute of Government December 2004

2. Terms • LEP = limited English proficient • Persons whose primary language is not English and who have a limited ability to read, write, speak, or understand English • Title VI of the Civil Rights Act of 1964 • Federal law from which the legal duty to provide language assistance arises

3. Effect on NC Health & Social Services Departments • All NC local health departments and county departments of social services must comply with Title VI’s language assistance requirements. • NC found in violation of Title VI in 2001. This led to the “voluntary compliance agreement” (VCA) specifying what LHDs and DSSs must do to become compliant.

4. Effect on NC Health & Social Services Departments • VCA requires local agencies to: • Designate a Title VI compliance officer • Assess language assistance needs • Develop and implement a language assistance policy

5. Top 5 Things to Know • Public health and social services agencies that receive federal financial assistance must provide language assistance to LEP clients. • The language assistance must be provided at no cost to the clients.

6. Top 5 Things to Know • Oral interpretation must be provided to LEP clients.

7. How may agencies provide oral interpretation? • Bilingual staff • Staff interpreters • Contract or volunteer interpreters • Telephone translation services • Sometimes client’s family member/friend can be used, but …

8. Family & Friend Interpreters • Agencies must not encourage or require LEP clients to use friends or family members as interpreters.

9. Family & Friend Interpreters • Friends or family members may be used only if two conditions are met: • The client asks to use the friend or family member after being advised of the right to free language assistance, and • Use of the friend or family member does not compromise the effectiveness of the service or violate confidentiality.

10. Family & Friend Interpreters • Minor children should not be used as interpreters except in emergencies or other extenuating circumstances.

11. Interpreter Qualifications • Interpreters must be competent: • Demonstrated proficiency and ability to convey information accurately in both languages • Training in skills and ethics of interpreting • Training in confidentiality requirements • Knowledge of specialized terms

12. Top 5 Things to Know • Some written materials should be translated into frequently encountered languages.

13. Which written materials must be translated? • Materials that are routinely provided in English to clients and the public • “Vital” documents: applications, consent forms, letters with important program information, notices pertaining to reduction, denial, or termination of benefits, notice of availability of free language assistance

14. Top 5 Things to Know • LEP clients must be given notice, in a language they can understand, of their right to free language assistance.

15. More on Notice • Signs re: free language assistance in frequently encountered languages • Statements, in appropriate non-English languages, in public outreach materials • Other methods of notification as appropriate

16. Top 5—Review • Must provide assistance. • Assistance must be free. • Oral interpretation—all languages. • Written translation—some languages, some documents. • Notice of availability of free language assistance.