On August 30, 2000, the Office for Civil Rights within the U.S. Department of
Health and Human Services (HHS) issued policy guidance concerning
the Title VI prohibition against national origin discrimination
as it affects Limited English Proficient (LEP) persons. Specifically,
the guidance clarifies how this prohibition applies to health and
social service providers who receive Federal financial assistance
from HHS (65 FR pages 52672-52774). It is consistent with a Department
of Justice directive noting that recipient/covered entities have
an obligation pursuant to Title VI's prohibition against national
origin discrimination to provide oral and written language assistance
to LEP persons. This policy guidance took effect immediately upon
publication in the Federal Register,
All entities that receive Federal financial assistance from HHS, either directly
or indirectly, through a grant, contract or subcontract, are covered
by this policy guidance. This includes CCDF grantees, subgrantees
and contractors.
States, Territories and Tribes and many other providers of health
and social services have legal obligations to comply with Title
VI of the Civil Rights Act of 1964 and its implementing regulation.
The policy guidance reiterates HHS' longstanding position that in
order to avoid discrimination against LEP persons on grounds of
national origin, health and social service providers must take adequate
steps to ensure that such persons receive free of charge the language
assistance necessary to afford them meaningful access to the services.
The guidance also clarifies for health and social service providers,
and members of the public, that a recipient or covered entity must
assess what steps it can take to ensure that eligible LEP persons
have meaningful access to programs and services. This guidance also
provides examples of policies and practices that the Office for
Civil Rights, HHS, would find in violation of Title VI, and sets
out the policies, procedures and other steps that recipients can
take to ensure meaningful access to their programs by LEP persons.
Appendix A to the Guidance is a series of questions and answers
that provides a useful summary of a number of the major aspects
of the Guidance.
Additional information on DHHS' Limited English Proficiency Guidance
can be found at the Office of Civil Rights web site: http://www.hhs.gov/ocr/lep/.
Expenses incurred in the provision of LEP services to CCDF recipients
or potential recipients may be covered with CCDF funds. These expenses
may be subject to the administrative cost limit at 45 CFR 98.52
if the underlying activity is administrative in nature.
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