As a member of the National Partnership for Action, and as an advocate for the Deaf and Hard of Hearing community, I have followed the implementation of the ACA very carefully as it has expanded the protections provided to ensure non-discrimination for all patients. And a federal district court in Minnesota found that the statutory language of Section 1557 prohibited ... in the top 15 non-English languages in the entity’s state. The following comments are in response to clarifications to Section 1557 of the Affordable Care Act. For the following languages with more than one dialect, OCR translated its sample taglines and other materials into the dialects as follows: For Spanish, materials are translated into neutral Spanish for the United States. Section 1557 mandates the creation and posting of “taglines” to notify people of their right to free language assistance. Final Section 1557 implementing rules are essentially unchanged from the proposed rules as described above. Section 1557 mandates the creation and posting of “taglines” to notify people of their right to free language assistance. Territories other than Puerto Rico, OCR used the data available from the U.S. Census Bureau, 2010 Census of Population and Housing. Chamorro and Chinese are number one on Guam. Section 1557 TOP 15 LANGUAGES SPOKEN IN CONNECTICUT English: If your primary language is not English, language assistance services are available to you, free of charge. ACA Section 1557 incorporates by reference and applies the following federal civil rights laws to health programs or activities any part of which receive Federal financial assistance: ... including the top 15 languages spoken by LEP individuals in California. We are suggesting that you should: Add a new page to your site and post your Notice of Nondiscrimination; In that new page, you will also want to identify the top 15 languages spoken in your state and then add the associated language … Language Spoken at Home, Frequency of English Usage, and Sex by Ethnic Origin or Race: 2010 (rev. General information on Section 1557. Covered entities may use such sources even if the list of languages produced from those sources is different from OCR’s list or has variations in the relative rank of the languages. On May 13, 2016, OCR issued a final rule (“Final Rule”) implementing Section 1557 of the ACA. OCR used the most recent State-based data set available to OCR during the development of the Section 1557 rule – the 2014 ACS 5-year estimates, available as one of the Bureau’s American FactFinder tables. Section 1557 prohibits discrimination on the basis of race, color, national origin, sex, age or disability by any health program or activity receiving federal financial assistance (“Covered Entities”). For Kru, materials are translated into Bassa. The Taglines must be written in the top 15 non-English languages in your state. Four States (Colorado, Maryland, Rhode Island, and Virginia) and the District of Columbia have 17 languages listed because the detailed 2013 ACS language tables identify an estimate of language speakers for a grouping of three languages – Kru, Ibo, and Yoruba. Top 15 LEP languages Nondiscrimination Notice Covered Entity SECTION 1557 of the ACA & Language Access 7. [i] See American FactFinder, Language Spoken at Home by Ability to Speak English for the Population 5 Years and Older, Table ID B16001, ACS Estimates by State: 2010–2014 (released Dec. 2015), http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ACS_14_5YR_B16001&prodType=table. The estimates shown for Guam represent individuals who speak a language other than English. CyraCom clients can contact their account manager or client services for access to customizable language notification posters with more than 100 languages and translations available. [v] See U.S. Census Bureau, 2010 Census of Population and Housing, Guam Detailed Crosstabulations (Part 1), Table 1-8. Covered entities operating health programs or activities that serve individuals in the U.S. [ii] See U.S. Census Bureau, ACS Estimates by State:  2009–2013 Detailed Languages Spoken at Home by Ability to Speak English for the Population 5 Years and Older (released Oct. 2015), http://www.census.gov/data/tables/2013/demo/2009-2013-lang-tables.html. • Taglines are short statements written in non-English languages that indicate the availability of language assistance services free of Question: Are you required to post the non-discriminatory notice in your office in all 15 languages? Section 1557 Nondiscrimination Notices Introduce More ACA Complexity. List of what languages are required state by state. See U.S. Census Bureau, 2010 Census of Population and Housing, Commonwealth of the Northern Mariana Islands Detailed Crosstabulations (Part 1) Table 1-8. However, covered entities are not … Following the questions and answers, we have included links to our Section 1557 Webinar and Section 1557 Whitepaper. As newer data from the Bureau's American Community Survey becomes available for the dataset entitled “Language Spoken at Home by Ability to Speak English for the Population 5 Years and Older,” OCR will determine if and when the standard in §92.8(d)(1)-(2) triggers languages in addition to the 64 already triggered by this standard. 2017 All Rights Reserved The material herein is educational and informational only. Data is available for Chamorro and Chinese; the remaining data identifies language groups instead of any one language. U.S. Census Bureau, 2010 Census of Population and Housing, Commonwealth of the Northern Mariana Islands Detailed Crosstabulations (Part 1) Table 1-8. TIPS ON LAUNCHING VIDEO REMOTE INTERPRETING AT YOUR ORGANIZATION, PART 1: WHAT NOT TO DO, Language Access Legal Year in Review: 2016, Simultaneous Interpreting & Conference Equipment Rental Solutions, Multicultural Awareness Training Program Solutions, Affordable Care Act Section 1557 regulations, language access and assistance to LEP people, compliance with federal language access law. Summary of NCIHC’s webinar on the state of language access under Section 1557. Covered entities may use the information in this list to implement §92.8(d)(1)-(2), although nothing in the Section 1557 regulation requires covered entities to use OCR’s particular resource in doing so. Requires short statements written in top 15 non-English languages in the entity’s state, indicating availability of language assistance services. Data is available for Chamorro; the remaining data identifies language groups instead of any one language. Facebook. Aug. 2013) http://www2.census.gov/census_2010/10-Island_Areas_Detailed_Cross_Tabulations/American_Samoa/AS_2010_Census_Detailed_Crosstabulations_Part1_v3.xlsx. General information on Section 1557. 15 Taglines – no later than October 16, 2016, all covered entities must also post "taglines" in at least the top 15 languages spoken in the State by individuals with limited English proficiency. These notices must be posted by October 16, 2016. Twitter. 12 Mon-Khmer, Cambodian 41,476 13 Hmong 34,953 14 Hindi 31,256 15 Thai 27,573 Colorado 1 Spanish 226,453 2 Vietnamese 12,078 3 Chinese 10,489 4 Korean 8,475 5 Russian 6,405 6 Amharic * 4,200 7 Arabic 4,093 8 German 2,856 9 French … 1. First, OCR omitted languages from the detailed language tables that still represented a language group rather than a single language or list of single languages for which covered entities could identify a specific language in which to provide a translated tagline in implementing §92.8(d)(1)-(2). An establishment that operates a health program or activity, any part of which received Federal Financial Assistance from the US Department of Health and Human Services. Entities must develop taglines in the top 15 non-English languages spoken in the state. For Chinese, materials are translated into traditional Chinese. 2. Notice: Requires notice about people’s rights and remedies under section 1557 to be posted in conspicuous public location and on the entity’s website. The non-English languages identified are Samoan and Tongan; the remaining data identifies language groups instead of any one language. Other states may … Washington, D.C. 20201 However, covered entities are not required to use the table. Examples: This recommendation is informed by the purpose underlying the ACA to expand access to health care, reduce barriers, and address health disparities. In implementing §92.8(d)(1)-(2), covered entities may refer to sources other than OCR’s list if covered entities have a reasonable basis for relying on such sources when considering characteristics such as the currency, reliability, and stability of the data. CyraCom clients can contact their account manager or client services for access to customizable language notification posters with more than 100 languages and translations available. The language groups on the American FactFinder tables “bundle” more than one language in the groups’ estimates. As a reminder, nothing in the Section 1557 regulation bars a covered entity from including taglines in languages beyond those triggered by §92.8(d)(1)-(2). Sample wording for covered entities for the Notice, the Statement and the Taglines must be in THE TOP 15 LANGUAGES OF YOUR STATE. The Taglines must be written in the top 15 non-English languages in your state. Using Guam as an example, the table of estimates for “Language Spoken at Home, Frequency of English Usage, and Sex by Ethnic Origin or Race” from the 2010 Census of Population and Housing provides data on the number of individuals in Guam who speak one language (Chamorro) and the four language groups: “Philippine languages,” “Other Pacific Island languages,” “Asian languages,” and “Other languages.”[v] Because the language groups listed are not further disaggregated to identify the specific languages into which a tagline or other materials could be translated, OCR made technical adjustments to omit the aggregated language groups. The term tagline means "short statements written in non-English languages that indicate the availability of language assistance free of charge." Currently under Section 1557, covered entities must post their non-discrimination policies and taglines that describe the ability for individuals to receive free language assistance services. Currently under Section 1557, covered entities must post their non-discrimination policies and taglines that describe the ability for individuals to receive free language assistance services. For these groups where more detail was needed to identify the languages represented, OCR used the detailed State-based data set from the 2013 ACS 5-year estimates – which were the most recent estimates available during the development of the Section 1557 rule. 1557 final rule requires covered dental practices to post two kinds of notices: a notice of nondiscrimination; a tagline in the state’s top 15 non-English languages that indicates free language assistance services are available. AS HHS states in the regulations’ comments: “We intend the scope of significant publications and significant communications to include not only documents intended for the public, such as outreach, education, and marketing materials, but also written notices requiring a response from an individual and written notices to an individual, such as those pertaining to rights or benefits. For Georgia, for example, the table lists the following top 15 languages: Spanish, Vietnamese, Korean, Chinese, Gujarati, French, Amharic, Hindi, French Creole (Haitian Creole), Russian, Arabic, Portuguese, Persian (Farsi), German, and Japanese. The taglines must be posted in a conspicuously-visible font size “In significant publications and significant communications targeted to beneficiaries, enrollees, applicants, and members of the public, (ii) In conspicuous physical locations where the entity interacts with the public; and (iii) In a conspicuous location on the covered entity’s Web site accessible from the home page of the covered entity’s Web site“ (§ 92.8 (f)(1)). Affordable Care Act Section 1557 prohibits several types of discrimination: race, color, language, national origin, disability, sex, sexual orientation, sex stereotyping, sexual identity, and age. OCR recommends that covered entities that rely on OCR’s list in implementing § 92.8(d)(1)-(2) and that serve individuals in these States or the District of Columbia post taglines in 17 languages. VMS Summary & FAQs. Call: Spanish: Si su lengua materna no es el Inglés, servicios de asistencia lingüística están a … • Taglines are short statements written in non-English languages that indicate the availability of language assistance services free of Data is not available on whether these individuals who speak a non-English language have an ability to speak English. Section 1557 covered entities must do this by posting a tagline about language services, and they must translate the tagline into the 15 most common non-English languages in their state. Call 1-xxx-xxx-xxxx (TTY: 1-xxx-xxx-xxxx).”  Appendix B to Part 92. As a member of the National Partnership for Action, and as an advocate for the Deaf and Hard of Hearing community, I have followed the implementation of the ACA very carefully as it has expanded the protections provided to ensure non-discrimination for all patients. Territories at the end of the table and then by language. ACA Section 1557 incorporates by reference and applies the following federal civil rights laws to health programs or activities any part of which receive Federal financial assistance: ... including the top 15 languages spoken by LEP individuals in California.
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