Title VI of the Civil Rights Act of 1964 Communication requirements in local public service agencies and a night out at the movies “They’re here!” Poltergeist

“I’m going to make him an offer he can’t refuse” The Godfather  In exchange for federal financial assistance through the NCDHHS (i.e., Medicaid) all agencies and all of their programs must comply with Title VI of the Civil Rights Act of 1964.”All things are free in America”, West Side Story. Ain’t so!  This title includes “national origin’ which equates to individuals who are LEP (limited English proficient).  All clients and potential clients have a right to understand the information and services that are being offered to see if they are eligible or if a minor in their family unit or household is eligible.  There is no “national language in the United States “You’re gonna need a bigger boat.” Jaws.

“Toto, I’ve got this feeling that we’re not in Kansas anymore” Dorothy in the Wizard of Oz  10.4% of the U.S. population are immigrants  20% of the U.S. population are either immigrants or children of immigrants  80% of the children are U.S. citizens and immigrant families can be “mixed status” and in most immigrant (85%) include at least one citizen, usually a child.  Immigrant families with children experience greater poverty.  For example, nationwide, 36% of all children who are eligible for Medicaid but are not enrolled in the program live in immigrant families.  Vast majority (9 out of 10) of these children are U.S. citizens.  The likelihood of being noninsured is almost double for immigrants as for citizens.

“What we’ve got here is a failure to communicate” Cool Hand Luke  The key to ensuring meaningful access for LEP persons is effective communication. An agency or provider can ensure effective communication by developing and implementing a comprehensive written language assistance program that includes polices and procedures for identifying and assessing the language needs of it’s LEP applicants/clients and that provides a range of oral language assistance, periodic training of staff, monitoring of the program and in certain circumstances, the translation of written materials.  Options range from bilingual staff to telephone interpreter services “E.T., phone home” E.T.:The Extra-Terrestrial.

“One morning I shot an elephant in my pajamas. How he got in my pajamas, I don’t know.” Animal Crackers  It has to be competent and effective translations or you may be liable for the mistakes made in the translations.  Do not use children as interpreters at your agency, “No wire hangers, no wire hangers, ever!” Mommie Dearest.  There is a cultural competency component to Title VI.  Individuals must me treated in a culturally competent manner to ensure effective treatment “My mama always said, ‘Life is (was) like a box of chocolates. You never know what you’re gonna get.” Forrest Gump.

“Badges? We ain’t got no badges! We don’t need no badges! I don’t have to show you any stinking badges!” The Treasure of Sierra Madre  Just a reminder that local agencies are not immigration officials and releasing the names of individuals who “you” suspect of being undocumented may subject your agency to state or federal investigation and a loss of federal and state funding, “Frankly, my dear. I don’t give a damn.” Gone with the Wind.

“I’ll be back” The Terminator and “Hasta la vista baby.” Terminator 2: Judgment Day How do you determine the extent of your Title VI obligations? You use the four factor analysis  The number or proportion of LEP individuals served or encountered in the eligible service populations  The frequency with which LEP individuals come I contact with your program, activity or service. “Round up the usual suspects” Casablanca.  The nature and importance of the program, activity or service “I don’t know nothin’ ‘bout birthin’ babies” Gone with the Wind.  Available resources and cost “Show me the money” Jerry Maguire.

“They call me Mister Tibbs” In the Heat of the Night Contact Information: M. Terry Hodges Compliance Attorney (“Well, nobody’s perfect” Some like it hot) NC Dept. of Health and Human Resources 101 Blair Drive, Adams Building/2001 Mail Service Center Raleigh, NC Telephone: