Overview:

People who do not speak English well can receive important government-supported services in their own native language. The Bush Administration has emphasized its continued commitment to make sure that people with limited English proficiency (LEP) have meaningful access to services funded by the federal government, by asking federal agencies to publish revised guidelines to make it clearer how LEP services should be provided.

On August 8, 2003, the U.S. Department of Health and Human Services (HHS) became the most recent federal agency to revise its new LEP guidelines. HHS has been a leader in efforts to eliminate racial and ethnic health disparities. Its revised guidelines explain when and how providers should make appropriate interpretation and translation services available for people who need this help. The new guidelines also are consistent with the guidelines being issued by the many federal agencies which make services available to LEP persons.

The new HHS guidelines are especially important for health care services. Doctors, hospitals and other health care providers are affected by the law when they serve patients covered by Medicaid or many other federal programs. However, the guidelines also extend to other important services, such as those provided by county welfare agencies, Head Start programs and battered women's shelters.

The HHS guidelines identify key factors that should be considered in deciding when and how interpreters or translations should be made available. Though these same factors are being applied by other federal agencies, the HHS guidance offers examples to show how they apply to the wide range of services HHS supports.

One area of special interest in health care settings is the use of family members or friends to interpret for a patient who does not speak English well. The new guidelines recognize that some LEP persons want to use their family member or friend as an interpreter. LEP persons can make an informed choice of whether they want to use a friend or family member to interpret -- if the provider should provide an interpreter, he or she should inform the LEP person that a free interpreter can be provided. Even then, the HHS guidelines explain that there may be times when it is not appropriate to use a family member or friend as an interpreter -- for example, when technical terms need to be explained or when discussion should be strictly private.

The guidelines are meant to serve as technical assistance, to help health care providers in providing interpretation services. Many larger health providers, like hospitals, already have extensive language capacity. Often they hire staff members who speak the non-English languages commonly found in their area. Other options, like telephone-based interpreter services, may be appropriate for smaller health providers when they have an obligation to provide language assistance. The HHS Office for Civil Rights can help providers understand their responsibilities under the law, and to find these services.

The HHS Office for Civil Rights also handles any complaints from people who believe they have been improperly denied language assistance for HHS-supported services. More information about the HHS Office for Civil Rights, including information about the new LEP guidelines, is on the Internet at www.hhs.gov/ocr.

To contact the HHS Office for Civil Rights, call 800-368-1019.

Note: All HHS press releases, fact sheets and other press materials are available at http://www.hhs.gov/news.

© August 8, 2003