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CULTURALLY AND LINGUISTICALLY APPROPRIATE SERVICES Lewiston, Maine 3 August, 2015 1
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Culturally and Linguistically Appropriate Services CLAS Services that are respectful of and responsive to: Individual cultural health beliefs and practices Preferred languages Health literacy levels and communication needs Provided by all members of an organization (regardless of size) at every point of contact. 2
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Background 2000 Published by the U.S. Office of Minority Health 2010-2013 Reviewed and enhanced. April 24, 2013 (Re) Launched Provide a framework for organizations to best serve the nation’s diverse communities. 3
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4 Federal Statutory Obligations (Title VI Civil Rights Act 1964, ACA, ADA, Plain Language Act) Cross Regulatory Standards (Federal Office of Minority Health, National CLAS Standards)
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“Simple justice requires that public funds, to which all taxpayers of all races [colors, and national origins] contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial [color or national origin] discrimination” JFK, 1963 Civil Rights Act 1964 Chapter VI.
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Title VI of the Civil Rights Act of 1964 protects individuals from discrimination on the basis of race, color, or national origin in any program or activity that receives Federal financial assistance.
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Civil Rights Act 1964 Chapter VI. (cont). Specific discriminatory actions prohibited under Title VI include: Providing services more limited in scope or lower in quality Limiting participation in a program Deny services or other benefits provided as a part of health or human service programs. Provide a different service or other benefit, or provide services or benefits in a different manner from those provided to others under the program. Segregate or separately treat individuals in any matter related to the receipt of any service or other benefit. Utilize criteria or methods of administration which subject individuals to discrimination. Select a facility’s site or location that excludes individuals or denies them benefits. Deny an individual an opportunity to participate on a planning or advisory board.
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The Need for Culturally and Linguistically Appropriate Services Federal Legislation: Affordable Care Act, Title VI of the Civil Rights Act of 1964, Americans with Disabilities Act, Plain Language Act of 2010 8
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The Need for Culturally and Linguistically Appropriate Services State Legislation: New Jersey, California, Washington. 9 BLUE denotes legislation requiring (WA, CA, CT, NJ, NM) or strongly recommending (MD) cultural competence training that was signed into law. RED: Under Consideration YELLOW: Vetoed or died in the process.
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The National CLAS Standards are intended to: advance health equity improve quality help eliminate health care disparities By establishing a blueprint for health and health care organizations to implement and provide culturally and linguistically appropriate services. 10 Purpose of CLAS Standards
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Provide effective, equitable, understandable, and respectful quality care and services that are responsive to diverse cultural health beliefs and practices, preferred languages, health literacy, and other communication needs. 11 Standard 1
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2. Advance and sustain organizational governance and leadership that promotes CLAS and health equity through policy, practices, and allocated resources. 3. Recruit, promote, and support a culturally and linguistically diverse governance, leadership, and workforce that are responsive to the population in the service area. 4. Educate and train governance, leadership, and workforce in culturally and linguistically appropriate policies and practices on an ongoing basis. 12 Standards Two - Four
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5. Offer language assistance to individuals who have limited English proficiency and/or other communication needs, at no cost to them, to facilitate timely access to all health care and services. 6. Inform all individuals of the availability of language assistance services clearly (PROACTIVELY) and in their preferred language, verbally and in writing. 13 Standards Five – Eight (cont)
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7. Ensure the competence of individuals providing language assistance, recognizing that the use of untrained individuals and/or minors as interpreters should be avoided.
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Poor Quality Can Lead to… The seventy-one-million-dollar word 18 year old Willie Ramirez admitted to the hospital. When describing his condition to a Spanish-English staff he used the term entoxicado in Spanish. It was interpreted as “intoxicated” vs. “poisoned” Ramirez's family believed he was suffering from food poisoning. He was actually suffering from an intracerebral hemorrhage, but the doctors proceeded as if he were suffering from an intentional drug overdose. Because of the delay in treatment, Ramirez was left quadriplegic. He received a malpractice settlement of $71 million.
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Standards Five – Eight (cont) 8. Provide easy-to-understand print and multimedia materials and signage in the languages commonly used by the populations in the service area.
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9. Establish culturally and linguistically appropriate goals, policies, and management accountability, and infuse them throughout the organization’s planning and operations. 10. Conduct ongoing assessments of the organization’s CLAS- related activities and integrate CLAS-related measures into measurement and continuous quality improvement activities. 11. Collect and maintain accurate and reliable demographic data to monitor and evaluate the impact of CLAS on health equity and outcomes and to inform service delivery. i.e: race, ethnicity (per OMB standards), preferred/primary language, country of origin. 18 Standards Nine - Eleven
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12. Conduct regular assessments of community health assets and needs and use the results to plan and implement services that respond to the cultural and linguistic diversity of populations in the service area. 13. Partner with the community to design, implement, and evaluate policies, practices, and services to ensure cultural and linguistic appropriateness. 14. Create conflict and grievance resolution processes that are culturally and linguistically appropriate to identify, prevent, and resolve conflicts or complaints. 15. Communicate the organization’s progress in implementing and sustaining CLAS to all stakeholders, constituents, and the general public. 19 Standards Twelve-Fifteen
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Describe the use of CLAS Standards in other organizations Describe the use of CLAS Standards in your organization: Discuss how this knowledge will inform your work going forward. 20 Discussion
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National Office of Minority Health www.minorityhealth.hhs.govwww.minorityhealth.hhs.gov Think Cultural Health www.thinkculturalhealth.gov Federal Interagency ww.lep.gov 21 Resources:
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Director, Office of Multicultural Affairs Maine Department of Health and Human Services State of Maine Julia.trujilloluengo@maine.gov Tel. 207-822-2380 22 Contact Information
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