Webinar Recap: Language Services for Patient Access Compliance

Effective communication is paramount for healthcare delivery; it becomes more challenging when communicating with patients with Limited English Proficiency (LEP). Mandates are in place to protect these individuals and promote health equity with free access to language services in their primary language, no matter what that language is.

During our webinar, The Essential Role of Language Services for Patient Access Compliance, Lionbridge teamed up with a Holland and Knight, LLP, legal expert. We delved into updated regulatory requirements involving language access and the role of language services — including interpretation services and translation services — to meet these mandates.

Want to watch the webinar in its entirety? Use the button below to access the recording.

What Are the Latest Regulatory Updates?

Language access requirements have existed under the Affordable Care Act (ACA) since 2016. Section 1557 of the ACA prohibits discrimination based on national origin. It requires covered health entities to offer language access services to LEP patients to ensure they receive the necessary information to make informed healthcare decisions.

Though Section 1557 has been amended periodically, most recently in 2024, language access has been a consistent requirement and has been strengthened in the latest updates.

Changes include expanding the law to encompass all Medicare providers, broadening the scope of regulation, and underscoring the importance of language services in healthcare delivery. Covered entities must provide language services for Affordable Care Act compliance to avoid penalties and ensure patient access.

Who Is Protected?

Individuals and their companions with Limited English Proficiency are protected.

Protected individuals include those who may have English proficiency in some areas but not all areas. For instance, they may read but not speak English. Individuals whose English proficiency limitation is based on national origin (as opposed to literacy or another limitation) are protected.

A different section of Section 1557 and the Americans with Disabilities Act (ADA) covers individuals requiring language and communication assistance due to a disability.

Who Is Regulated?

Recipients and sub-recipients of federal funding are regulated.

What Are the Service Requirements?

Covered entities must meet key requirements to achieve meaningful access to healthcare services and comply with regulations. Beth Pitman, Holland & Knight, partner, outlined the requirements as follows:

Services must be free: Language services must be provided at no cost to the patient. Healthcare providers cannot build these services into their fee schedules or charge patients for them in any way.

Access must be timely: Language services must be provided in a timely manner to ensure patients can make informed decisions without unnecessary delays. There has been a fair amount of enforcement for failure to provide timely access, particularly in the context of disability interpretation services and a few cases involving timely access for Limited English Proficiency (LEP) individuals, according to Beth.

Privacy must be protected: Language services are required to protect the privacy of the individual and the healthcare information being transmitted. HIPAA business associate agreements with vendors, including language service providers, should be in place.

Services must be accurate: The services provided must ensure that the information is communicated correctly and accurately so that patients can make informed decisions about their healthcare.

Staff must be qualified: Interpreters and translators must be qualified, which means they need to be certified and capable of conveying medical information correctly and reliably. Simply having bilingual staff is not sufficient; they must have formal qualifications to ensure the completeness of the information being communicated. Family and friends are generally prohibited except as a temporary measure in emergencies or when the individual consents, the agreement is documented, and it is appropriate under the circumstances.

Technology use must involve human oversight: The use of technology is permitted when a certified translator or interpreter is also available. Machine Translation must be reviewed by a qualified human translator to ensure accuracy, especially for critical healthcare communications.

Auxiliary aids must meet certain conditions when used: A variety of auxiliary aids and services may be used to accommodate patients with different needs. These aids must meet accuracy, timeliness, and privacy requirements.

How Do Language Services Enhance Patient Care?

Language services are not just about compliance but are integral to delivering quality patient care.

Susan Gryder, Lionbridge’s Vice President of Over-the-Phone Interpretation, highlighted the role of language and language services in promoting successful healthcare outcomes and supporting health equity.

Numerous studies have shown that healthcare providers are more likely to achieve better diagnoses, forge a quicker path to treatment, and reduce readmissions by utilizing professional language services for interpretation and translation. Professional translation and interpretation are key to building trust, but these services can also enhance safety by enabling healthcare professionals to understand patient symptoms thoroughly. Using language services mitigates the risk of misdiagnosis or miscommunication of treatment plans.

The bottom line? Language services foster equity and access to treatment for all patients. They promote an environment of trust through patient-centered treatment and deliver better clinical outcomes for patients.

What Are the Business Benefits of Language Services?

Beyond compliance and patient care, language services offer significant business benefits.

Quality language services positively impact the healthcare organization's bottom line by reducing the risk of misdiagnosis and unnecessary tests, minimizing readmissions, and lessening its exposure to litigation.

Moreover, enhanced patient satisfaction contributes to a desirable Centers for Medicare & Medicaid Services (CMS) rating for healthcare services and facilities based on a five-star quality rating system. A high rating may boost a facility’s reputation and enrollment.

How Can Healthcare Providers Prepare for CMS Evaluations?

Preparation is key to successfully navigating CMS evaluations.

These evaluations may entail a secret shopper survey, whereby a CMS evaluator pretends to be an individual with LEP seeking services. CMS uses this method to evaluate customer service quality and access to care.

It is critical to work closely with your Language Service Provider (LSP) to ensure you can secure an interpreter in a timely manner and that interpreters are well-prepared for secret shopper calls.

Preparation involves familiarizing interpreters with healthcare and health insurance terminology, the call format, and scripted questions, so that ultimately, they can respond confidently and accurately within the time requirements.

Lionbridge’s preparation team includes dedicated account managers who understand how these calls work. They can provide interpreters with the necessary support to prepare for these calls.

What Else Should You Know?

While the webinar’s focus centered on federal law, it’s worth noting that a number of states have laws addressing healthcare access with language requirements. Providers operating in these states are subject to these laws as well. Federal law does not preempt state law requirements.

Interested in exploring other topics Lionbridge has delved into? Visit the Lionbridge webinars page for a library of webinar recordings.

Get in touch

Ready to achieve patient access compliance with expert HIPAA-compliant language services for healthcare? Lionbridge can help. Our team of qualified interpreters and translators ensures accurate and timely communication to support regulatory compliance, improve patient care, and enhance business objectives. Contact us today to learn more about our services and how we can assist you.

Note: The Lionbridge Content Remix App initially created the recap blog, which a human refined.