A lawsuit pursuing language access rights for older adults in health care has been voluntarily dismissed in light of the publication of strong, protective regulations under Section 1557 of the Affordable Care Act. Chinatown Service Center v. Department of Health and Human Services (1:21-cv-00331-JEB, D.D.C.) was brought in 2021 by Justice in Aging, the Center for Medicare Advocacy, and pro bono firm Stinson LLP on behalf of community-based organizations that serve older adults with limited English proficiency (LEP). These individuals rely entirely on language assistance services to access and understand health care services. The case challenged the Trump Administration’s gutting of protections that targeted health disparities by requiring health plans and other entities to inform patients of their right to interpretation and their right to legally challenge discrimination based on language ability.
The case had been stayed while the Department of Health and Human Services (HHS) revised the Section 1557 rule, which provides for general civil rights protections in health care. The proposed rule was published in the Federal Register in August 2022 and received more than 85,000 comments from the public. HHS published the final rule in May 2024. The rule reinstates and expands on the previous regulations regarding language access, and it cites Chinatown Service Center as an illustration of the need to provide individuals with LEP notice of the availability of language assistance. 89 Fed. Reg. 37522, 37568 (May 6, 2024). Under the final rule, covered entities and providers are required to provide qualified interpreters; people with LEP cannot be required to provide their own interpreters; and notices and taglines are required in the top 15 languages spoken by people with LEP in each state. The new rule also addresses the emerging area of machine/AI interpretation and translation, and it expressly accounts for intersectional discrimination in health care (discrimination based on multiple protected characteristics, such as race or sex in addition to having LEP). In light of the new rule, the case was voluntarily dismissed on June 3, 2024. The Center applauds the revised language access regulations and will continue to advocate for an equitable health care system for all.
June 20, 2024 – A. Bers