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Healthcare Legal Compliance


Image The laws and recommendations that apply to issues regarding healthcare, language and privacy can seem complicated at first. At Avantpage, we have both the expertise to examine the law as it applies to you and the resources to ensure your total compliance.
Key requirements of the law include:



Accessibility to proper medical care, regardless of native language Avantpage’s certified interpreters and translators are available in more than 100 languages. Whether in person or over the phone, they are ready to help you care for your patients anywhere in the U.S.

The right to an impartial, confidential interpreter Our professional interpreters and translators abide by a strict code of confidentiality, ensuring all your patient communications meet this requirement.

Proper qualifications for interpreters and translators With a track record of more than 10 years of quality, qualified translators and interpreters and strict testing and recruitment of our linguistic staff, you can rest assured we’ve got you covered.

Don’t leave yourself open to a lawsuit—let Avantpage’s expert professional staff handle your linguistic needs. Let us help you stay compliant! For more information regarding the law as it pertains to your situation, contact Avantpage today 530-750-2040 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

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Click on the links below for a brief explanation of each linguistic/cultural law or standard and how it applies to healthcare:

Health Insurance Portability and Accountability Act (HIPAA)
Title VI
Culturally and Linguistically Appropriate Services (CLAS)
The Joint Commission on Accreditation of Healthcare Organizations (JCAHO)
Medicaid Provisions
The Emergency Medical Treatment and Active Labor Act (EMTALA)
Tort Liability

HIPAA
The Health Insurance Portability and Accountability Act (HIPAA) of 1996 protects the privacy and confidentiality of patient information. When working with Limited English Proficient (LEP) clients, this includes giving them written notification in their language as well as use of interpreters.

For more information, visit the Department of Health & Human Services (DHHS) HIPAA website

Title VI
All entities receiving federal funding must provide language accommodation to their Limited English Proficient (LEP) patients, according to Title VI of the 1964 Civil Rights Act. Accommodations include offering document translation, interpretation services, staff education and the proper collection of data.
For more information, visit the Office for Civil Rights website

CLAS
The DHHS Office of Minority Health (OMH) has issued standards for Culturally and Linguistically Appropriate Services (CLAS). These address use of interpreters, cultural health beliefs, data collection, written information and staff recruitment and education.

For more information, visit the CLAS recommendations online

JCAHO
The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) has made recommendations for data collection, communication and staff education and qualifications with regard to hearing impaired or Limited English Proficient (LEP) patients.

For more information, visit the Joint Commission website

Medicaid Provisions
Several Medicaid provisions require state Medicaid agencies and providers to overcome language barriers. State agencies must make available bulletins that explain the rules governing eligibility and appeals "in simple and understandable terms” regardless of the patient’s language.

In addition, many managed care contracts require plans to provide LEP clients with appropriate translation and interpretation services.

For more information, visit the official Medicaid website.

The Emergency Medical Treatment and Active Labor Act
In 1986, Congress enacted the Emergency Medical Treatment & Active Labor Act (EMTALA). Section 1867 of the Social Security Act imposes specific obligations on Medicare-participating hospitals that offer emergency services to provide a medical screening examination (MSE) when a request is made for examination or treatment for an emergency medical condition (EMC), including active labor, regardless of an individual's ability to pay.

Obviously, a complete assessment of a patient’s medical condition cannot be made without proper communication.

For more information, visit the EMTALA website.

A Final Caution Regarding Tort Liability
In most states, it is considered battery to perform medical treatment on anyone without their informed consent. Being informed means having a full understanding of the procedure as well as the potential risks. “I didn’t understand what the doctor meant” can be expensive words if you have not provided the right interpretation services.

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