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Roberta Gottfried
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The Law and Health Care Interpreting

Federal government guidelines state that health care providers who receive federal money must provide interpreters for patients who do not speak English. This spells out the intent of Title VI of the 1964 Civil Rights Act, which prohibits discrimination on the basis of race, color or country of national origin. According to 2000 census estimates, over 17% of the population speak a language other than English at home, with 39.5% in California, well over the national average.

It is critical the growing number of non-English speaking patients be able to communicate with their health care providers. The obligations under Title VI extend to hospitals, state Medicaid agencies, managed care organizations, nursing homes, home service providers, and social service organizations.

The Clinton Administration issued Executive Order 13166 in August 2000. It directs all federal agencies to make sure services are accessible to Limited English Proficient patients. This means that federal agencies must comply to the same rules as federal fund recipients. It also designates the Department of Justice as the agency responsible for providing guidance to federal agencies.

The effects of not understanding a language are appalling:

  • Diagnosis is an ordeal when a patient can't describe symptoms.
  • A full bottle of medication is taken instead of one pill.
  • A mother can't understand why her baby has a fever and what she needs to do.
  • Surgery is postponed because the pre-operative instructions were not understood. The list is endless.

 

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