HHS Policy Guidance – Title VI Prohibition Against National Origin Discrimination
As It Affects Persons With Limited English Proficiency (LEP)
July 26, 2002
Secretary Tommy G. Thompson
Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Dear Mr. Thompson:
We are writing to affirm our support for the HHS Policy Guidance – Title VI Prohibition Against National Origin Discrimination As It Affects Persons With Limited English Proficiency (LEP). As requested by the Office for Civil Rights, we submitted comments on April 2, 2002. We supported the basic structure and policy framework set forth in the HHS LEP policy guidance, and made suggestions for clarity and strengthening. We thank you for providing us with the opportunity to provide comments and suggestions.
As you know, the Department of Justice has continued to affirm the Administration's commitment to providing meaningful access to persons with limited English proficiency. In its guidance published in the April 18, 2002 Federal Register, DOJ recommended that all agencies use the DOJ LEP policy guidance as a model, "with flexibility to permit tailoring to each agency's specific recipients." This follows from the Office of Management and Budget report to Congress issued on March 14, 2002.
We acknowledge the benefits of consistency across agencies. In particular, we recognize that consistent guidance decreases confusion for recipients who receive federal funding from several agencies. Further, we hope that the DOJ guidance will serve as a floor for other agencies, setting the absolute minimum standard that all agencies should use in developing their policy guidance.
At the same time, we encourage you to exercise your judgment and authority to make the HHS LEP policy guidance as strong as it can be, especially given your commitment to increasing access to health care for all Americans.
The guidance must serve as useful tool to educate health and social service providers regarding their obligation to provide meaningful access to persons who have limited English proficiency. For example, it is extremely helpful that the HHS LEP policy guidance outlines the seven factors that help recipients determine the level of services they are obligated to provide to each LEP individual. We hope that all health and social services providers will establish programs that go far beyond the minimum legal standards as set forth in your policy guidance.
APIAHF is a national advocacy organization dedicated to promoting policy, programs, and research efforts to improve the health and well being of Asian American and Pacific Islander communities. Through our networking, community capacity building, and policy analysis, we have long witnessed the need for competent language translation and interpretation services.
We applaud you and the Administration for your continued commitment to promoting language access and eliminating health disparities. We strongly support the HHS Office for Civil rights in issuing this important guidance to improve access to health and social services for all. We look forward to working with you in to ensure that our communities have equal access to all federally funded programs and services. Thank you.
Sincerely,
Ignatius Bau
Deputy Director for Policy and Programs
Asian and Pacific Islander American Health Forum
