Limited-English Proficiency Pines Behavioral Health.

Slides:



Advertisements
Similar presentations
Title VI of the Civil Rights Act of 1964 Discrimination Environmental Justice Limited English Proficiency Fiscal Year
Advertisements

THE LAW Disability Services and the FEDERAL STATUTES Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act of 1990.
TENNESSEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION
Civil Rights Act of 1964 Title VI Compliance (3/10)
Civil Rights and English Learners Melanie Manares Kansas State Department of Education.
Southeast Polk Middle School Miriam Van Heukelem Ahlers & Cooney P.C.
In a healthcare setting
The Legal Series: Employment Law I. Objectives Upon the completion of training, you will be able to: Understand the implications of Title VI Know what.
Practical Tips for Investigating Discrimination Complaints
Legal Obligations of the Juvenile Justice System for Limited English Proficient Youth Sam Jammal Legislative Staff Attorney MALDEF.
Civil Rights Act Office for Civil Rights (OCR). What Laws Does OCR Enforce? “No person shall on the ground of race, color or national origin, be denied.
CHARLOTTESVILLE POLICE DEPARTMENT GENERAL ORDER LIMITED ENGLISH PROFICIENCY POLICY: It is the policy of the Charlottesville Police Department to take reasonable.
LIMITED ENGLISH PROFICIENCY: Making people welcome in any language 2014 Fair Month Housing Training Gary Hanes.
Ensuring Effective Services to Immigrant &/or LEP/ELL Children & Families: It’s Right, & It’s the Law! © Statewide Parent Advocacy Network 1.
ONE COLLEGE, ONE LAW Disability Services Information Session Fall Semester 2012.
1 Academic Adjustments & Auxiliary Aids & Documentation Office for Civil Rights US Department of Education This presentation is not to be reproduced in.
1. 2 Session Objectives  Familiarize participants with barriers to access commonly faced by individuals with disabilities; commonly faced by individuals.
Legal Duties to LEP Health and Social Services Clients Jill Moore Institute of Government December 2004.
Higher Education and Disability in the United States:
EQUAL OPPORTUNITY 101 Jessica K. Larkin, Equal Opportunity Specialist U.S. Department of Labor Civil Rights Center Office of Compliance and Policy.
No One Can Stop Me Now Educational Rights of Children With Disabilities Bonnie B. Roswig Senior Staff Attorney Medical-Legal Partnership Project Center.
Civil Rights Pre-Bid Training for Grantees. Civil Rights Laws 1. Title VI of the Civil Rights Act: Prohibits discrimination in programs or activities.
Patient Rights and Responsibilities Seton Medical Center Harker Heights.
Introduction to Section 504 Produced by: WI FACETS* © 2007 WI FACETS *Produced with private funds.
Overview of Section 504. What is Section 504? ● Section 504 is a part of the Rehabilitation Act of 1973 that prohibits discrimination based upon disability.
Chapter 5 Section 504 and the Americans with Disabilities Act Jacob, Decker, & Hartshorne 1.
U.S. Department of Education Office for Civil Rights (OCR) Title VI, Section 504, Title II – Special Education and Limited English Proficient Students.
Limited English Proficiency Training. Limited English Proficiency There is no single law that covers Limited English Proficiency (LEP). It is the combination.
LIMITED ENGLISH PROFICIENCY: Making people welcome in any language 2014 Fair Month Housing Training Gary Hanes.
Rights Of Individuals With Disabilities Who Use Service Animals  The Americans With Disabilities Act (ADA)  The Arizonans With Disabilities Act (AzDA)
Civil Rights Compliance and Enforcement For Nutrition Programs and Activities FNS Instruction NC Department of Public Instruction.
Meeting and Exceeding Language and Communication Mandates Todd Blickenstaff Hablamos Juntos Gisela Prieto Caliente Communications June 2-3, 2003 Cultural.
Section 504 for School Nurses Marie DeSisto RN, MSN Director of Nurses and District 504 Coordinator Waltham Public Schools Waltham, MA.
Section 504 Waltham Marie DeSisto RN, MSN, NCSN Director of Nurses /District 504 Coordinator Waltham Public Schools May 2010.
Rebecca C. Cory, PhD. Manager, Disability Services North Seattle Community College.
Civil Rights Act Office for Civil Rights (OCR). What Laws Does OCR Enforce? “No person shall on the ground of race, color or national origin, be denied.
1 Karmanos Cancer Center Respects Our Patient’s Rights.
2010 OSEP Leadership Mega Conference Collaboration to Achieve Success from Cradle to Career Students with Disabilities: High School to College U.S. Department.
2005 Patient’s Rights Annual Training Conference Culturally and Linguistically Appropriate Services (CLAS) November 5, 2005 Rachel G. Guerrero, LCSW Chief,
THE LAW Disability Services and the FEDERAL STATUTES Section 504 of the 1973 Rehabilitation Act Americans with Disabilities Act of 1990.
Civil Rights Presented by: Angie Martin October 5, 2011 Office of the Governor Criminal Justice Division.
CIVIL RIGHTS FOR SCHOOL NUTRITION PROGRAMS Presented to School Nutrition Managers and Employees North Carolina Department of Public Instruction Safe and.
Eliminating Disparities: Multicultural Strategic Summit Improving Meaningful Access to Services for Persons with Limited English Proficiency (LEP) June.
PATIENTS’ BILL OF RIGHTS THE RIGHTS AND PROTECTIONS GUARANTEED BY NEW YORK STATE AND BY FEDERAL LAWS AND REGULATIONS.
Ethical and Legal Aspects of T and D. Difference between T and D? Training – specific skills Training – specific skills Development – intellectual capital.
Civil Rights Laws and Requirements. Laws which govern Cooperative Extension and the requirements mandated by the laws: * Full text of the laws can be.
racecolor national origin No person in the United States, shall, on the ground of race, color, or national origin, be excluded from participation in,
KRISTI CRUZ ANN WENNERSTROM WASHINGTON STATE COALITION FOR LANGUAGE ACCESS LANGUAGE ACCESS 101.
Civil Rights Training Updated March Why? Civil Rights Regulations are intended to assure that benefits of Child Nutrition Programs are made available.
Americans with Disabilities Act (ADA) 1990 What Teachers Should know about Title II – Public Educational Institutions. Presented by Janie Beverley.
Limited English Proficiency. Important Terms Language Access: Refers to the rights of Limited English Proficient (LEP) individuals to receive meaningful.
Limited English Proficiency (LEP) Culturally Competent Communication Tools & Techniques.
Civil Rights Fair and Responsible Employment, Programs and Services.
A product of the ACA. Section 1557 states that an individual shall not, on the grounds prohibited under Title VI of the Civil Rights Act of 1964 (race,
Section 1557 Language Access Provisions of the Affordable Care Act
Section 1557 of the Affordable Care Act
Family Members as Interpreters:
Obligations to Provide Language Access Services
Introduction to Title VI: Providing Services to LEP Persons
Americans with Disabilities Act (ADA) Training for Faculty
Americans with Disabilities Act Amended
Understanding and Navigating Section 504
Title VI Language Access Conference MCLE 12/15/2016
Limited English Proficiency (LEP)
Americans with Disabilities Act (ADA) Training for Faculty
Civil Rights Office of the Governor Criminal Justice Division
FERPA, Title IX, and Title IV Conflicts
Civil Rights Laws and Requirements
Fair Housing and Equal Opportunity Compliance Reviews
Core Concepts of Section 504 in the Rehabilitation Act of 1973
Presentation transcript:

Limited-English Proficiency Pines Behavioral Health

Background  Civil right laws have been challenged as a result of suits alleging that rights have been violated when services are not provided in a language that is of the person’s preference  These lawsuits have been won, and the Centers for Medicare and Medicaid Services has taken stock in making sure that these accommodations are made for people receiving federally funded services  Why? Because the U.S. does NOT have an official language

What is “limited-English” proficiency?  When a person’s primary or preferred language is something other than English  People may be able to speak English, but something as personal as therapy may only be understood in their own primary language  People have the right to choose which language they would like to receive services in, and by law, we must abide by this request free of charge

Legal Basis  Many legal basis’ are being used to uphold court challenges in this area. They include:  The Civil Rights Act of 1964  The Rehabilitation Act of 1973  The American’s with Disabilities Act  The Rehabilitation Act states:  “No otherwise qualified individual with a disability in the United States...shall solely by reason of his or her disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance”. Disability is being defined as not understanding or speaking English well and Federal financial assistance is being defined as Medicaid.

Disparate Impact  Not only is blatant discrimination illegal (example: sorry, we do not serve those who can’t understand English) but so too is “disparate impact”.  Disparate impact is discrimination that has resulted in different treatment outcomes than those understanding English. Example: if the co-occurring group is the best treatment for persons with both an MI and SA diagnosis, disparate impact would result if non-English speaking people were not afforded this opportunity.

What Do We Need to Do?  Determine number of people in our service area who would not have English as their primary language.  People must be informed of their ability to state their preferred language. Pines uses posters and has “I speak kits” to help people tell us their preferred language.  Translation services must be offered free of charge when requested, in fact “vital documents” must be available in the languages prevalent for our area.  Interpreter services must be offered free of charge when requested.

Vital Documents, Interpreters and Translators  Vital documents are forms that have to do with grievance procedures, anything needing a response, or anything associated with the reduction or termination of services.  Interpreters are people who are competent to speak the preferred language of the person. *Should not be a minor, family member or spouse for clinical reasons  Translation is putting written materials into formats understood in the preferred language.

Dos and Don’ts  Do document any instance which warrants the use of an interpreter  Do document anytime that a friend, family member or spouse interprets despite having been told that they have a right to free interpreter services.  Don’t suggest or allow a minor to act as an interpreter  Don’t suggest a spouse or family member to be an interpreter (if the issue is domestic violence how likely will the spouse adequately interpret the client’s complaints?)