TITLE VI

WHAT IS TITLE VI?

What do I do when my doctor, hospital, or health care provider only speaks English?

This brochure applies to all health care institutions and programs that are federally funded. If you have specific questions about your rights in a HealthChoice plan please see our brochure on What to do when I can't understand my HealthChoices HMO or doctor?

Health providers who receive federal funds cannot discriminate against their patients on the basis of national origin, race or color. This means that the facility has an obligation to assist you in communicating with your doctor or hospital. The Office of Civil Rights (OCR) of the Department of Health and Human Services (DHHS) makes sure that facilities do not discriminate.

What is Title VI?

Title VI is a federal law that protects your civil rights. The law says federally funded health providers such as, HealthChoices HMO's, Medicare HMOs, hospitals, doctor offices, nursing homes and other health care providers cannot discriminate based on your national origin.

What is discrimination based national origin?

Here are some examples of national origin discrimination:

Not having doctors, receptionists, nurses, pharmacists, or interpreters available who speak your language.
Delaying or denying services because your health care provider is unable to communicate with you.
Giving different health service to people who don't speak English.
Only having forms and documents in English.
Not sending notices, letters and materials in a language you can read.
Not knowing what services your hospital, doctor or clinic offers or how to access them because you cannot speak English.

How will the facility know that I do not speak English?

When you enter a facility they should evaluate your ability to communicate in English. They should also note in your file that you prefer to communicate in a language other than English. All federally funded health care providers should do this.

Can I get an interpreter?

The facility should only use interpreters who are trained in patient confidentiality, cultural competence and clinical accuracy. The interpreter must speak, read and be able to understand your language. The interpreter should understand what you say, be able to interpret your questions and provide you with accurate instructions from the health care provider.

What other things should facilities do?

The facilities must offer you a translated explanation of your rights and all your hospital forms including consent and admission forms. They should also make the forms easy to read and understand. The facility has to post translated signs in public places. Also, the facility cannot charge you for providing you with a trained interpreter. They can not deny you services if your family is not available to interpret and can not tell you to bring your family as a condition of receiving care.

What if no one at the facility speaks my language?

If no one at the facility speaks your language, then at least a trained staff person, or a telephone interpreter should be provided for you.

Must I bring my son or daughter to translate for me?

No. They should not force you to use your family for interpretation. Even if you prefer to use a family member to translate, the facility should have a trained interpreter there to make sure the information is correct. The facility cannot force you to use family members to translate for you. Children who are under 21 should not be used as translators. During mental health therapy family members should not be asked to translate.

If you do not want your relative to translate you should tell the facility that you want a trained interpreter.

What do I do if I have been discriminated against?

If you feel you have been discriminated against because you cannot speak English or that your care was denied or delayed, you can do any or all of the following:

file a grievance with the facility.
request an investigation by the Regional Office of Civil Rights (OCR).
file a grievance with your HMO.

What happens when I file a complaint with OCR?

OCR will investigate your complaint. If discrimination is found, OCR will ask the facility to correct the problem. If nothing is done by the facility, then it may lose its federal funding.

The Pennsylvania Health Law Project provides free help to persons on Medical Assistance (MA) in Pennsylvania. If you are having problems talking with and understanding your health care provider, and would like help with getting interpretation service give us a call 1-800-274-3258.

IMPORTANT NUMBERS

Office of Civil Rights- Department of Health and Human Services

215-596-1262 (voice)

215-596-5195 (TDD)

PENNSYLVANIA HEALTH LAW PROJECT

1-800-274-3258

Pennsylvania Health Law Project

801 Arch St., Suite 610A

Philadelphia, PA 19107-2421

(215) 625-3663