Language Access in Health Care Under a Trump Presidency Part 1: Exploring Guidelines for Written (Print and Digital) Work
// By Jill Mead //
Many organizations have been struggling to understand and meet the language access requirements imposed by the Affordable Care Act. But will the requirements change once the new President takes office? This two-part series explores what organizations can expect moving forward. In this first column, we’ll look at the requirements for the written word (both print and digital) and how they apply. Next month, we’ll delve into the rules for interpreting services (spoken language).
On July 18, 2016, the long-awaited final rule implementing Section 1557 of the Affordable Care Act (ACA) Nondiscrimination in Health Programs and Activities went into effect. The new rule provides a comprehensive framework of what it means to provide effective communication and meaningful access to health care for Limited English Proficient (“LEP”) and disabled patients, including the deaf/hard-of-hearing community.
As part of his “first 100 days” initiatives, President-Elect Donald Trump has stated an intention to “repeal and replace” the ACA, which would naturally include the new Section 1557 regulations. Whether it occurs in the first 100 days or not, we are likely to see major changes to the ACA, perhaps including a total repeal, over the next several months. Because of this, many in the health care community are left questioning whether Section 1557 compliance remains relevant and necessary.
The short answer to this query is, “YES!!!!!” The language access regulations found in Section 1557, with a few exceptions we’ll discuss, mimic laws and regulations that have been around for years under Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act, and Executive Order 13166, as well as the Effective Communication standards promulgated by The Joint Commission as part of its accreditation standards.