Limited English Proficient Limited English Proficient (LEP)(LEP)

An LEP individual is a person who is unable An LEP individual is a person who is unable to speak, read, write or understand the to speak, read, write or understand the English language at a level that permits English language at a level that permits him or her to interact him or her to interact effectivelyeffectively with with health and social services agencies and health and social services agencies and providers.providers.

LEP and Title VILEP and Title VI

To comply with Title VI federally-To comply with Title VI federally-fundedfunded

entities must ensure that LEP persons entities must ensure that LEP persons

have have meaningful accessmeaningful access..

Key to LEP ComplianceKey to LEP Compliance

– To ensure To ensure meaningful accessmeaningful access covered entities covered entities must: must:

– provide language assistanceprovide language assistance that results in accurate and effective communicationthat results in accurate and effective communication at no costat no cost

Meaningful Access - Meaningful Access - FactorsFactors

– size of the covered entitysize of the covered entity– size of eligible population size of eligible population – nature of program/servicenature of program/service– program objectives program objectives – resourcesresources– frequency of encountersfrequency of encounters

discrete languages anddiscrete languages and LEP individualsLEP individuals

Oral Language AssistanceOral Language Assistance

Covered entities must provide:Covered entities must provide:– Language interpreters Language interpreters – Trained & competent interpretersTrained & competent interpreters– Assistance must be timelyAssistance must be timely– At no cost to the LEP personAt no cost to the LEP person

Oral Language AssistanceOral Language Assistance

Best Practice - Trained & competent interpreters:Best Practice - Trained & competent interpreters:- Minimum of 16 hrs.- Minimum of 16 hrs. of training of training - Training must include:- Training must include: Ethical and practice standards, terminology, interpretation Ethical and practice standards, terminology, interpretation

skills, professional conduct, cultural competency skills, professional conduct, cultural competency - Competency- Competency:: Oral proficiency, Assessment of ethics, Integrated Oral proficiency, Assessment of ethics, Integrated

interpreter skills, terminology and cultural understanding interpreter skills, terminology and cultural understanding

TranslatorTranslator

Oral Language AssistanceOral Language Assistance

Assistance Must be timelyAssistance Must be timely- Same day assistance - Same day assistance

- At no cost- At no cost

Types of Oral Language Types of Oral Language AssistanceAssistance

– Bilingual staffBilingual staff– Staff interpretersStaff interpreters– ContractorsContractors– VolunteersVolunteers– Telephone language lineTelephone language line

Oral Language AssistanceOral Language Assistance

Do not require applicants/clients to: Do not require applicants/clients to: – use family or friendsuse family or friends– use minor childrenuse minor children

““Non-applicant” family members:Non-applicant” family members: immigrant family members immigrant family members who do not who do not

expect to receive benefitsexpect to receive benefits

must must notnot be requiredbe required to disclose: to disclose: Proof of immigration/citizenship status; Proof of immigration/citizenship status; oror SSNsSSNs

Policy GuidancePolicy Guidance

LEP scenario #1LEP scenario #1 You are the intake worker taking care of walk-in You are the intake worker taking care of walk-in

customers. You see a customer comes in customers. You see a customer comes in toward you with her young daughter toward you with her young daughter (approximately 12 years of age). The customer (approximately 12 years of age). The customer approaches you at the front desk, but the approaches you at the front desk, but the customer doesn’t talk to you, rather her customer doesn’t talk to you, rather her daughter start talking to you in English. Her daughter start talking to you in English. Her daughter asked you where they can go to apply daughter asked you where they can go to apply for assistance. for assistance.

LEP scenario #2LEP scenario #2 You are an intake caseworker a customer You are an intake caseworker a customer

comes to your desk and in broken English. He comes to your desk and in broken English. He starts requesting assistance for services and starts requesting assistance for services and benefits. You understand part of what the benefits. You understand part of what the customer is saying, but you are not sure if the customer is saying, but you are not sure if the customer understands you. The customer customer understands you. The customer insists that he doesn’t need an interpreter.insists that he doesn’t need an interpreter.

Written TranslationsWritten Translations

– Translate documents into regularly Translate documents into regularly encountered non-English languages encountered non-English languages

(when a significant number or percentage of (when a significant number or percentage of the eligible population is LEP and needs the the eligible population is LEP and needs the services or information)services or information)

Vital DocumentsVital Documents

– Application formsApplication forms– Enrollment forms Enrollment forms – Letters or notices Letters or notices

about eligibility or any about eligibility or any change in benefitschange in benefits

– Anything that requires Anything that requires a responsea response

– Medical or discharge Medical or discharge informationinformation

““Safe Harbors”Safe Harbors”

– For each language For each language group with fewer group with fewer than 100 persons, than 100 persons, the entity provides the entity provides written notice of the written notice of the right to receive oral right to receive oral interpretation of written interpretation of written materials in the primary materials in the primary language of the group.language of the group.

–

““Safe Harbors”Safe Harbors”

All written materials are All written materials are translated for each LEP translated for each LEP group of 10% or 3000 group of 10% or 3000 (whichever is less) of (whichever is less) of the eligible population. the eligible population.

Vital documents are Vital documents are translated for each LEP translated for each LEP group of 5% or 1000 group of 5% or 1000 (whichever is less) of (whichever is less) of the eligible populationthe eligible population..

Notice of Language Notice of Language AssistanceAssistance

Examples:Examples:– Language identification cards/postersLanguage identification cards/posters– Signs posted in non-English languagesSigns posted in non-English languages– Statements in non-English languages in Statements in non-English languages in

brochures, outreach materials, etc brochures, outreach materials, etc – Telephonic messages in non-English languagesTelephonic messages in non-English languages– Public Service AnnouncementsPublic Service Announcements– Community outreachCommunity outreach

Contact InformationContact Information

Bureau of Civil RightsBureau of Civil Rights

30 E. Broad St., 3030 E. Broad St., 30thth Fl. Fl.

Columbus, Ohio 43215Columbus, Ohio 43215

(614) 644-2703(614) 644-2703

2/17/12