Common use of COMMUNICATION WITH POTENTIAL ENROLLEES AND ENROLLEES Clause in Contracts

COMMUNICATION WITH POTENTIAL ENROLLEES AND ENROLLEES. ‌ 3.10.1 Communications Compliance with Title VI of the Civil Rights Act and Section 1557 of the Affordable Care Act.‌ Title VI of the Civil Rights Act of 1964, 42 USC §2000d et. seq., and 45 CFR Part 80 provide that no person shall be subjected to discrimination on the basis of race, color or national origin under any program or activity that receives Federal financial assistance and that in order to avoid discrimination against persons with limited English proficiency (LEP) and for LEP persons to have meaningful access to programs and services, the MCO must take adequate steps to ensure that such persons receive the language assistance necessary, free of charge. 3.10.1.1 The MCO shall comply with the recommendations of the revised Policy Guidelines published on August 4, 2003 by the Office for Civil Rights of the Department of Health and Human Services, titled “Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons” (hereinafter “Guidance” ) and take reasonable steps to ensure meaningful access to the MCO’s programs and services by LEP persons, pursuant to that document. The MCO shall apply, and require its Providers and Subcontractors to apply, the four factors described in the Guidance to the various kinds of contacts they have with the public to assess language needs, and decide what reasonable steps, if any, they should take to ensure meaningful access for LEP persons. The MCO shall document its application of the factors described in the Guidance to the services and programs it provides. 3.10.1.2 The MCO shall provide to the STATE a copy of its Limited English Proficiency (LEP) plan for its current service area annually. The MCO shall use the LEP plan template provided by the STATE as the minimum requirements of the plan, but may add additional measures. 3.10.1.3 Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in health care programs and activities receiving federal financial assistance. The MCO will provide auxiliary aids and services, like qualified interpreters or information in accessible formats, free of charge and in a timely manner, to ensure an equal opportunity to participate in Minnesota Health Care Programs. The MCO will also provide translated documents and spoken language interpreting, free of charge and in a timely manner, when language assistance services are necessary to ensure limited English speakers have meaningful access to programs and services that are offered by the MCO. 3.10.2 Communications Compliance with the Americans with Disabilities Act.‌ [Americans with Disabilities Act of 1990, 42 USC §12101, et seq.; hereafter “ADA”] 3.10.2.1 All communications with Enrollees must be consistent with the ADA’s prohibition on unnecessary inquiries into the existence of a disability. 3.10.2.2 The MCO shall have information available in alternative formats and through the provision of auxiliary aids and services for the MCO’s health programs and activities, in an appropriate manner that takes into consideration the Beneficiary or Enrollee’s special needs, including those who have visual impairment or limited reading proficiency, and at no cost to the Beneficiary or Enrollee.