Lionbridge Language Services for Section 1557 Compliance Under the Affordable Care Act

If you’re a healthcare provider or insurer, language services, including interpretation, translation, and eLearning, are instrumental in your efforts to comply with a new federal rule implementing Section 1557 under the Affordable Care Act (ACA).

Enacted on July 5, 2024, the final regulations issued by the Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services require virtually all U.S. health insurance companies, hospitals, and medical practices to provide translation and language assistance services to promote health equity.

Are you equipped to comply with the final rule? We can support you in this undertaking with our expert language services.

What Is Section 1557 of the Affordable Care Act?

Section 1557 of the Affordable Care Act prohibits discrimination against people based on race, color, national origin, sex, age, or disability.

The federal rule protects immigrants, women, people with disabilities, members of the LGBTQI+ community, people of color, and people of all ages.

What Does the Final Rule Do?

The final rule restores some of the regulatory provisions repealed in 2020 and strengthens Section 1557’s nondiscrimination requirements by expanding its scope.

It now covers all health programs and activities administered by the U.S. Department of Health and Human Services, including those administered by the Centers for Medicare & Medicaid Services. For the first time, the Department will consider Medicare Part B payments as a form of federal financial assistance, with all Medicare Part B providers subject to the Affordable Care Act civil rights law.

Among its strengthened patient protections, the final rule specifically addresses the needs of people with Limited English Proficiency (LEP). It requires health insurance companies and health care providers to remove language access barriers and render meaningful access to real-time communications regarding decisions about insurance coverage, health care, and informed consent.

Which Language Services Promote Compliance?

Lionbridge can help covered entities achieve compliance with numerous language services. Let’s explore these services.

Over-the-phone interpretation and video remote interpretation services during in-person and telehealth appointments and other communications

Effective communication between patients and medical providers is critical for optimal care. Whether a person with a hearing disability or Limited English Proficiency (LEP) wants to communicate with a provider during an in-person appointment, via a telehealth appointment, or a follow-up phone call, or speak with their health plan, the patient is afforded this right under the law.

Healthcare providers and insurers covered by the rule must reduce language barriers, including providing interpretation language assistance services.

Lionbridge’s over-the-phone interpretation services enable health care entities to facilitate meaningful health-related conversations on demand 24/7 — whether to discuss a diagnosis or a medication. Lionbridge’s service connects medical providers and patients to professional linguists with health expertise over the phone within seconds. Our pool of over 20,000 linguists is fluent in over 380 languages, including rare languages. Importantly, we have a quality system with industry-leading connection times and telephony support that enables interpreters to do their job well and satisfy users.

Over-the-phone interpretation is highly cost-effective as it removes the need for health providers to hire full-time, on-site interpreters. Instead, they may use an on-demand, self-service platform to receive services only when needed and without having to wait for an interpreter to arrive on site.

Getting immediate access to interpretation is especially critical during emergencies and enables busy healthcare departments to provide services without delays from language barriers.

Our Video Remote Interpretation (VRI) service provides a face-to-face solution for people with hearing disabilities and Limited English Proficiency (LEP), enabling both sign language and spoken language interpretation to be administered virtually.

Translation and multimedia services of written materials

The new anti-discrimination rule requires written information to be provided in other languages for people with Limited English Proficiency (LEP) and in other formats, such as audio, as part of a reasonable accommodation for people with disabilities.

Lionbridge has you covered. Not only can Lionbridge translate written material into any language, but it can also translate written material from the source and convert it into audio of any language. When appropriate, Lionbridge can provide cost-saving measures by using synthetic voices and still meet the stringent quality standards set forth by the new federal rule with human oversight.

Translation and content creation services for required notices

Translation services can help covered entities comply with two notification requirements that must be provided in English and a minimum of 15 other languages spoken by people with Limited English Proficiency (LEP) in the state served:

• A notice informing people of nondiscrimination requirements by November 2, 2024.

• A notice informing people of the availability of language assistance services and auxiliary aids and services free of charge by July 5, 2025.

While the OCR, the federal agency enforcing the rule, has provided some sample communications resources in some languages on its website, Lionbridge can translate templates into any desired language — or help you to create your own notifications — to meet the needs of all people in your service area with Limited English Proficiency (LEP), disabilities, and others covered by the rule, no matter what their native tongue is.

eLearning for training

Lionbridge eLearning services can help covered entities meet the required annual staff training on policies and procedures related to language assistance for people with Limited English Proficiency (LEP) and special measures for people with disabilities.

Lionbridge offers end-to-end training and eLearning development. Whether you want written materials, quizzes, games, or instructional videos, we can help develop custom solutions that are appropriate, memorable, and compelling.

Why Lionbridge?

While it may be tempting for those covered by the new federal rule to assign an internal staff member who speaks another language to address necessary language requirements, you’re not likely to meet compliance with this approach. The rule states explicitly that a qualified interpreter must provide language services. A human-in-the-loop approach is necessary when using technology like Machine Translation (MT) and other AI.

As one of the largest Language Service Providers (LSPs) in the industry, with over 25 years of experience, Lionbridge knows how to cultivate a top-notch community that can meet our customers’ unique needs. Our language experts are just that — skilled experts who are vetted and have the right subject matter domain expertise. Furthermore, our account managers can help guide you to comply cost-effectively.

What’s at Stake if There’s Non-Compliance?

Compliance is the right thing to do; it is also necessary to avoid patient complaints and potentially costly agency penalties. Individuals who believe they have been discriminated against may file a complaint via the OCR’s complaint portal.

How Else Can My Organization Promote Equity?

The OCR’s final rule sets a minimum threshold for covered entities to promote equity in health delivery. Providers wanting to uphold the intended outcome further may promote inclusivity in their multilingual content, such as newsletters, websites, and other marketing collateral.

Lionbridge addresses bias in localization with automation tools and the input of experts who understand cultural differences. Lionbridge Aurora AI™, our content orchestration platform, utilizes our Smart Content™ language AI, which checks for 120+ content insights — including bias — to produce engaging and resonant content for diverse groups of people.

Get in touch

Ready to ensure compliance with the OCR’s final rule under Section 1557 of the Affordable Care Act and further promote inclusivity among the populations you serve? Deadlines are in place for the required actions, and the language assistance and disability accommodation mandates are now in effect. Reach out today to get started.