Section 1557 of the Affordable Care Act remains the law of the land, reinforcing protections against discrimination in healthcare, including ensuring language access for individuals with Limited English Proficiency (LEP).
In fact, a recent update to Section 1557 introduces stronger requirements for written translation services, expanding obligations for organizations that receive federal funding. These changes reflect a growing commitment to eliminating language barriers and improving health equity.
As these updates take effect, healthcare providers, insurers, and other covered entities must take proactive steps to align with the new requirements for the translation of written healthcare material.
What Do the New Rules Require?
The updated regulations place greater emphasis on written translation services, expanding obligations for healthcare organizations that receive federal funding. Key changes include:
- Expanded Written Translation Obligations: Covered entities must now provide written translations of vital documents in the 15 most common non-English languages spoken in their service area.
- Mandatory Notices of Availability: Healthcare organizations must include notices informing patients about the availability of language assistance services in English and at least 15 other languages.
- Enhanced Language Access Plans: Entities must develop formal Language Access Plans (LAPs) detailing how they will provide written translations and other language services.
- Updated Standards for Remote Interpretation: While primarily related to spoken communication, these standards reinforce the importance of high-quality language assistance, including written translation, to prevent miscommunication.
These new requirements enhance and expand existing obligations under Section 1557, which has long mandated written translation of key healthcare materials for LEP individuals.
Existing Section 1557 Requirements for Written Translations
Under previously established regulations, covered healthcare organizations must:
1. Translate Vital Documents: Healthcare providers and insurers must translate essential written materials such as:
- Notices of eligibility, benefits, and changes to coverage
- Consent forms and discharge instructions
- Denial of services or appeal notices
- Financial assistance and billing documents
2. Meet the Safe Harbor Standard: Organizations must provide written translations if:
- They serve 1,000 or more LEP individuals speaking a particular language; or
- LEP individuals speaking that language make up at least 5% of their total patient population.
3. Post Multilingual Notices: Notices of language assistance must be prominently displayed in significant publications, websites, and patient intake areas.
4. Develop LAPs: Organizations must assess and document their approach to providing translation and interpretation services.
How Healthcare Organizations Should Respond
These updates signal a renewed emphasis on written translation compliance, making it essential for healthcare providers and insurers to review their existing policies and adapt to the new requirements.
- Consult Legal Counsel: Every healthcare organization should work with legal experts to determine their precise obligations under the updated Section 1557 regulations.
- Update Language Access Plans: Providers should ensure that their Language Access Plans include written translation strategies for compliance.
- Partner with a Trusted Language Services Provider: Compliance requires accurate, timely translations of vital documents.
LanguageLine Is Here to Help
Healthcare organizations should consult with their legal counsel to understand their obligations under Section 1557. LanguageLine is here to provide guidance and consultation, as well as to help you put all aspects of your compliance plan into action.
Let us help you put your compliance plan into action. Please visit our Section 1557 resource page and contact us for resources to guide you through this process.