Risk Management

Tip

Part I of II  -  The Use of Foreign Language Interpreters:
A Legal Compliance and Risk Management Issue
August, 2001

Numerous practices have asked us to clarify the requirement of making available interpreter services for persons with limited English proficiency (LEP).  We believe this is a relevant topic that deserves attention from both a compliance and risk management perspective.  Given the complexity of the issue, we have chosen to address this subject in two parts.  This risk management tip highlights the issues involved.

THE STATISTICS

• United States foreign-born population is rapidly approaching 22 million, 8% of the total population.

• Annually, 1 million new immigrants and refugees are admitted of which 45% are legal permanent residents.

THE LAW

Title VI of the 1964 Civil Rights Act

• Mandates equal access to health services and information for persons with LEP and prohibits discrimination on the basis of national origin.

Department of Health and Human Service Notice of Policy

• Applies to providers of health and social services who receive any Federal financial assistance from the US Department of Health and Human Services (HHS).  According to HHS's Office of Civil Rights (OCR), the term "financial assistance" includes a provider that receives any payment under Medicaid and Medicare Part A programs.  (Medicare Part B is specifically excluded at this time.)  The law requires that such providers must make available interpretive services to all LEP patients in a given practice regardless of payor source.

• Providers must take adequate steps to ensure that such persons receive the language assistance necessary to afford them meaningful access to their services free of charge to avoid discrimination against an LEP person on the basis of national origin.

THE RISK FACTORS 

• Increasing malpractice suits and civil rights claims.

• Increasing tort liability as foreign-born consumers  come to understand their rights in the health care arena. 

• Incorrect diagnosis or treatment of the patient.

• Patient non-compliance and dissatisfaction.  

• Increased community advocacy.

• Quality of care.

THE COST FACTORS

• Unnecessary tests and treatments.

• Extended length of treatment.

• Pharmaceutical non-compliance.

• Loss of productivity.

• Litigation costs.

Our next risk management tip will deal with some of the liability risks stemming from the unique needs of LEP patients and what NPM is doing to assist our practices in offering interpretive services in a more cost effective manner.  For more information regarding this subject, go to:  www.hhs/gov/ocr/lep/press.html

Phone: 503-371-8228 or 1-800-243-3503
Email info@npictdc.com
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2965 Ryan Drive S.E., Salem, Oregon 97301