Resources

Language access solutions are broadly addressed at the federal level. Under Title VI of the 1964 Civil Rights Act, state, local or regional entities receiving federal funds may not discriminate based on race, color or national origin. In 2000, President Bill Clinton signed Executive Order 13166, which extends “meaningful” language access requirements of Title VI to federal agencies and federally funded programs and solutions.

Language access solutions are also regulated at the state level. California—with its diverse population needs—is the nation’s leader in legislating language access. In 2009, Senate Bill 853 became law, stipulating that all medical, dental and specialty insurers must provide no-cost translation and interpreting solutions to their NEP/LEP enrollees that meet the requirement for threshold languages. The formula for determining these threshold languages is based upon enrollees’ demographics that trigger the mandatory translation of vital documents and provisioning of spoken language interpreting solutions either remotely or on-site. With regard to interpreting, an interpreter must be made available in a timely manner to render spoken language assistance. For those recipients who require American Sign Language (ASL) interpreting, a different set of regulations codified by the Americans with Disabilities Act (ADA), ensures timely, high quality, no-cost access for ASL interpreting solutions. In both cases, it is the responsibility of the health plan to ensure that they are using competent language professionals. The California Department of Managed Health care is tasked with providing oversight and regulation of this law.