About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

23 Harv. Latinx L. Rev. 311 (2020)
Interpreter Services for Limited English Proficient Insureds Are "Reasonable" and "Necessary"

handle is hein.journals/hllr23 and id is 317 raw text is: INTERPRETER SERVICES FOR LIMITED ENGLISH PROFICIENT INSUREDS ARE REASONABLE AND NECESSARY Julie Preciado* I. INTRODUCTION ................................................ 311 II. AN OVERVIEW OF PERSONAL INJURY PROTECTION (PIP).. 317 III. THE MEDICAL NECESSITY OF LANGUAGE INTERPRETING SERVICES TO LEP INSUREDS .............................. . 320 IV. THE FEDERAL BACKDROP: HISTORY OF LANGUAGE-BASED PROTECTION ............................................ 322 V. APPLICATION IN OREGON AND A COMPARISON TO THE WC SYSTEM ................................................. 326 V I. CONCLUSION ............................................ 330 I. INTRODUCTION English is the language spoken by the majority of U.S. residents, and most government entities function primarily in English. The United States is a culturally and linguistically diverse nation. More than 20 percent of the population speaks a language other than English at home, and over 25 mil- lion speak English less than very well.1 Individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English are referred to as limited English profi- cient (LEP).2 In other words, nearly 1 in every 11 Americans is LEP.3 The * Willamette University College of Law J.D., 2020, and incoming associate at Barran Liebman, LLP in Portland, Oregon. The idea for this paper came from my many years serving the LEP community in Oregon as a language interpreter and case manager before entering the legal profession. I presented this paper at the 2019 Biennial LatCrit Conference as a LatCrit Student Scholar. I would like to thank Professor Gil Carrasco for encouraging me to publish this paper, Professor Steven Bender for his insight on finalizing drafts, and my daughter for her patience and support I CAMILLE RYAN, US BUR. AM. CMTY. SURVEY REPORTS Language Use in the United States: 2011 (Aug. 2013), https://www2.census.gov/library/publications/2013/acs/acs-22/acs- 22.pdf, archived at https://perma.cc/2QW3-KSS6. 2 LIMITED ENGLISH PROFICIENCY (LEP) LEP.GOV, A FEDERAL INTERAGENCY WEBSITE, https://www.lep.gov/faqs/faqs.html, archived at (last visited Feb. 22, 2020); see also Enforce- ment of Title VI of the Civil Rights Act of 1964 National Origin Discrimination Against Persons With Limited English Proficiency; Policy Guidance, 65 Fed. Reg. 50,123 (Aug. 16, 2000) (Strategic plan to improve access to federally-funded programs and activities by LEP persons) [hereinafter DOJ Guidance]. Throughout this essay, LEP refers interchangeably to limited English proficient and proficiency. s Ryan, supra note 1.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most