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GAO-09-752R 1 (2009-07-30)

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T   N IAccountability * Integrity * Reliability
United States Government Accountability Office
Washington, DC 20548


          July 30, 2009

          The Honorable Nydia M. Veldzquez
          Chairwoman
          Committee on Small Business
          House of Representatives

          Subject: Centers for Medicare & Medicaid Services: CMS Should Develop an
          Agencywide Policy for Translating Medicare Documents into Languages Other
          Than English

          Dear Chairwoman Veldzquez:

          The Department of Health and Human Services' (HHS) Centers for Medicare &
          Medicaid Services (CMS) is the federal agency responsible for administering the
          Medicare program for nearly 45 million beneficiaries, including beneficiaries with
          limited English proficiency (LEP)-meaning they may not be proficient or are limited
          in their ability to communicate in the English language. Medicare beneficiaries face a
          complex set of health care choices that require them to obtain information about the
          comparative benefits, costs, and quality of available options. CMS is responsible for
          providing clear, accurate, and timely information about this program and making the
          information accessible to beneficiaries.

          Under section 601 of Title VI of the Civil Rights Act of 1964, entities that receive
          federal financial assistance are prohibited from discriminating against or otherwise
          excluding individuals from their programs or activities on the basis of race, color, or
          national origin.' In 1964, as directed under section 602 of Title VI, HHS first
          published regulations applying these prohibitions to entities receiving federal
          financial assistance from HHS, including health care organizations.2 In 2000,
          Executive Order 13166 was published, requiring federal agencies to take certain steps
          to clarify Title VI requirements. Specifically, this order required federal agencies to
          publish guidance addressing how their recipients of federal financial assistance can


          'Pub. L. No. 88-352, Tit. VI, § 601, 78 Stat. 241, 252 (1964) (codified, as amended, at 42 U.S.C. § 2000d).
          In this report, we refer to Title VI of the Civil Rights Act of 1964, as amended, as Title VI.

          2The Department of Health, Education, and Welfare, the predecessor of HHS, published these
          regulations. See Non-Discrimination in Federally-Assisted Programs of the Department of Health,
          Education, and Welfare-Effectuation of Title VI of the Civil Rights Act of 1964. 29 Fed. Reg. 16,298-
          16,305 (Dec. 4, 1964) (codified, as amended, at 45 C.F.R. Part 80).
          3Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
          65 Fed. Reg. 50,121-22 (Aug. 16, 2000).


GAO-09-752R CMS Language Access Policy

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