HHS Office for Civil Rights Issues Letter of Findings Re: N.Y. City's Failure to Provide Adequate Language Assistance

IMMIGRANTS & PUBLIC BENEFITS

Language Access

HHS OFFICE FOR CIVIL RIGHTS ISSUES LETTER OF FINDINGS RE: N.Y. CITY’S FAILURE TO PROVIDE ADEQUATE LANGUAGE ASSISTANCE
Immigrants’ Rights Update, Vol. 13, No. 8, December 28, 1999
[by Shawn Fremstad, Center on Budget and Policy Priorities]

On Oct. 21, 1999, the Office for Civil Rights (OCR) of the U.S. Dept. of Health and Human Services (Region II) found that the New York City Human Resources Administration, Suffolk County, and Nassau County discriminated against limited English-proficient Medicaid and TANF clients in violation of Title VI of the Civil Rights Act. Title VI prohibits recipients of federal financial assistance from implementing policies and practices that discriminate, or have the effect of discriminating, against individuals on the basis of race, color, or national origin. This includes ensuring access to federally-funded programs to persons of a particular national origin who are limited English-proficient (LEP).

The letter of findings was issued after the OCR and Health Care Finance Administration (HCFA) representatives completed an investigation of a complaint filed on Apr. 29, 1999, by several advocacy organizations charging that New York City discriminates against Hispanic persons seeking Medicaid and TANF benefits in New York City Job Centers and other public assistance offices. The OCR investigation included the use of "testers" posing as potential Medicaid applicants who requested public assistance application information and assistance in Spanish, Chinese, and American sign language, as well as unannounced visits to numerous public assistance offices by OCR and HCFA representatives who interviewed staff members and clients.

In its letter of findings, the OCR found that New York City, Suffolk County, and Nassau County discriminated against LEP Medicaid and TANF clients in violation of Title VI because

• clients who did not speak English were denied interpreter assistance and were told to return with family members or friends who could provide interpretation assistance;

• existing bilingual staff resources at some locations were insufficient to serve the needs of LEP clientele;

• public assistance offices lacked effective procedures for the assistance of LEP clients or were unaware of existing policies and resources; and

• offices lacked signs and basic information materials in languages other than English.

To remedy these violations, the OCR directed the agencies to develop a comprehensive plan to serve LEP clients. Under the comprehensive plan, the agencies must do the following:

Assess the language needs of LEP clients. The agencies must assess the language needs of LEP clients by determining, through review of census and program utilization data, the languages that agencies are likely to encounter. As part of this assessment process, the agencies must consult with community groups.

Provide Interpreters. The agencies must develop and maintain written policies and procedures for providing interpreters and other language assistance to meet the needs of LEP clients in a timely manner. These policies and procedures should include: hiring bilingual staff for client contact positions and assigning clients to bilingual staff who speak their language; hiring staff interpreters; contracting with outside interpreter services; and making formal arrangements for the use of services provided by volunteer community interpreters. The use of telephone interpreter services is allowed but only for rarely encountered languages. The agencies must ensure that bilingual staff and interpreters are trained and competent.

Inform clients of their right to language assistance. The agencies must develop written policies and procedures for notifying LEP clients of their right to free language assistance. These policies and procedures must provide for posters and signs in appropriate languages in waiting rooms, reception areas and other points of entry. The posters and signs must inform LEP clients of their right to free language assistance, invite them to identify themselves as persons needing language assistance and advise them that they should not bring their own interpreters. The agency must develop methods for LEP clients to identify their language needs to staff and for staff to identify the language needs of clients. This language identification must be noted in the client’s file. Information regarding the right to free language assistance must be included in brochures, booklets, and other materials that are routinely disseminated.

Translation of written materials. The agencies must translate application forms and other materials into appropriate languages.

Train staff on LEP policies and procedures. The agencies must train staff on the policies and procedures developed for serving LEP clients and on the agencies’ Title VI obligations to provide language assistance. The training must include procedures for identifying clients’ language assistance needs, the procedures to be followed in securing interpreters and other language help in a timely manner, and current sources of language assistance.

Adopt procedures for telephone communication. The agencies must adopt uniform procedures for timely and effective telephone communication between staff and LEP persons. The procedures must instruct English speaking employees to obtain assistance from interpreters or bilingual staff when receiving calls from, and originating calls to LEP persons.

The OCR letter of findings includes monitoring provisions designed to ensure ongoing compliance with Title VI. The agencies must conduct periodic reviews to assess and determine the current communication needs of LEP clients and whether existing assistance such as language interpreters, bilingual staffing, outside interpreter services, and translated materials are meeting the needs of LEP clients. The agencies must also assess on an ongoing basis whether staff is knowledgeable about language assistance policies and whether arrangements for language assistance are still current and viable.

Finally, the letter of findings directs the New York State Office of Temporary and Disability Assistance and the New York State Department of Health to designate a statewide coordinator to act as liaison with district offices and LEP persons, community groups, and their representatives. The coordinator will be responsible for evaluating the effectiveness of policies and procedures for communicating with LEP persons and resolving questions and complaints concerning the adequacy and availability of interpreter services at local offices.

The OCR gave the agencies 30 days from Oct. 21, 1999, to develop a corrective action plan. A 30-day extension was recently granted. After a corrective action plan is approved by the OCR, the agencies have 30 days to implement the plan. The letter of findings issued by the OCR is posted on the Dept. of Health Services web site at www.hhs.gov/progorg/ocr/hma11.htm.