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Contents:

CHIA NEWS
CHIA UPDATES - Current and Previous reports
Oakland Highland Hospital Unveils Plan to Meet the Needs of Diverse Population (January 17 2003)
Doctors' Orders Can Get Lost In Translation for Immigrants: Physicians Question the Cost and Need Of Breaking-Down the Language Barrier  (Wall St. Journal Jan 09 2003)
AMA News Article on Interpreters Dec 02 2002
CMS Diversity Call-in December 19, 2002
& Sign-On Letter from National Health Law Program
Language Barriers in Hawaii
Cultural Competency - New York Times Article
ACTION ALERT on AB2739
Public Radio International Story-September 18, 2002
OCR Action in Tucson (July 25, 2002)
Department of Justice OCR Guidance
CHIA News
Research News
Health Access Project (Brandeis) links

Minority Health News  Search Engine from Kaiser Family Foundation Minority Health & Daily Health Reports site

  DHHS Comments

Hablamos Juntos

Rating California HMOs
Nonprofit News

Earlier News Stories

 

Doctors' Orders Can Get Lost         (Jan 9, 2003)
In Translation for Immigrants

Physicians Question the Cost and Need
Of Breaking-Down the Language Barrier

By BARRY NEWMAN
Staff Reporter of THE WALL STREET JOURNAL

For a current article on
Medical Impacts of Inadequate Interpreting
click here to see the Flores et.al. article in

Research News section!!

UTICA, N.Y. -- Ruvim Kluychits, missing school, sat next to his mother at noon one weekday in her dermatologist's waiting room.

Ruvim is 11 years old and moved with his family from Pinsk, in Belarus, to this upstate city two years ago. His Russian has begun to wilt, and his English is only budding, but his relatives speak no English at all. To tell doctors their troubles, they need an interpreter. Utica has a private interpretation service, but no insurer covers its fees and most doctors won't pay interpreters out of their own pockets. So Ruvim's relatives turn to a boy whose services are available free of charge.

"They do tests and stuff," Ruvim said as he followed his mother into the examination room. "I have to translate. All these doctor words, like fever."

Missed Symptoms

In big American cities, some doctors are old hands when it comes to foreign languages. But as more people who don't speak English scatter to places such as Utica, practitioners in the provinces have come to rely on family members, often children, to mediate millions of patient visits. To interpreters who work with doctors for a living, that is a dangerous mistake. It can lead to needless surgery, missed symptoms, prescription overdoses -- and, they say, to a violation of civil rights.

For a while, the government agreed. Now, as the medical profession pressures it to back off, the Bush administration isn't so sure.

In 2000, President Clinton ordered federal agencies to pull down language barriers to government and government-funded activities. He cited the 1964 Civil Rights Act ban on discrimination based on national origin. The mandate was meant for anyone receiving federal funds, including most doctors and hospitals. Applying the broad order, the Department of Health and Human Services issued standards that year saying that patients deserve "competency" from medical interpreters and that the use of amateurs is "life threatening." The standards didn't say who should pay for these services -- only that patients should get them free.

As some in the health industry began to organize interpreting services, the American Medical Association protested. Interpretation fees would saddle doctors with a "tremendous burden," it said. Last April, the Bush administration signalled a softer approach when it stepped in with a model standard for all federal agencies: Non-English speakers who "feel more comfortable when a trusted family member or friend" is available, it said, "should be permitted to use an interpreter of their own choosing."

Doctors Waiting

Objections poured in from pro-patient and pro-immigrant groups, led by the National Health Law Program and the National Council on Interpretation in Health Care. Now the medical world is waiting as Health and Human Services re-examines its earlier rules. The agency will "tailor" its guidelines "to serve the people who are affected by our programs," says spokesman Campbell Gardett. The outcome will establish what a medical interpreter is expected to do -- and whether someone such as Ruvim Kluychits can be expected to do it.

In the exam room, Ruvim had climbed up on the table beside his mother when Dr. Paul Palumbo came in and shut the door. Svetlana Kluychits had seen the dermatologist earlier for a fungal infection of the fingernails. He had prescribed taking certain pills for a week, but they hadn't worked.

"Maybe it's not enough to take the pills one week a month," Ms. Kluychits said in Russian to the doctor. (A reporter's tape of her visit was later transcribed by an independent interpreter.) "Maybe I should have taken them for a whole month."

Ruvim struggled to translate: "She thinks she needs to take more tablets than one week as a month."

After more talk in this vein, his mother was still confused. "Find out whether I should take the pills for a month or a week," she told Ruvim. He tried to ask the doctor, "Does she has to drink the tablets a week for a month -- "

Dr. Palumbo stopped him. Instructions, he said, would be provided in writing. His nurse soon appeared with a detailed prescription for medication to be taken once a day. Ruvim attempted to read it out loud, but he struggled again.

As his patient and her young interpreter left, Dr. Palumbo said, "The kid was pretty bright. He seemed to understand quite well. But I'd be curious. I guess I don't know if she really got the story."

Professional interpreters argue that the job of medical translating is too important to leave to amateurs. "You don't take a phrase and just convert it," says Bruce Downing, a linguist at the University of Minnesota. He has just started one of the country's first programs to teach medical interpreting as a specialty. "Liver spots in our language don't refer to our livers. In other cultures, liver may take the place of heart," Prof. Downing says. "Interpreting isn't that easy. Family members have an ignorance of what's important."

[interpreter]

But Dr. Yank Coble, president of the American Medical Association, sees little need for specialized training. It is a doctor's duty to use words simple enough to roll off any bilingual tongue, he says. "I'm impressed at how conscientious patients are about bringing people with them who have a good command of English," he adds. "I'd much rather have a family member, somebody I know and trust."

Without a body of scientific evidence to establish its worth, or government money to pay for it, medical interpreting is an unfunded and unaffordable frill, Dr. Coble says. "It's not part of routine medical care in any country we know of."

Yet the U.S., in its scale and mix of languages, isn't just any country. The 2000 census counted 20 million people who speak poor English, 10 million who speak none. The White House Office of Management and Budget, in a 2002 report, estimated the number of patient encounters across language barriers each year at 66 million.

Hospitals in urban areas dense with immigrants often have interpreters on the payroll today. If not, they make do -- though not always successfully -- with freelancers, volunteers or bilingual staff. But now more immigrants are settling in Alaska, Iowa, Kentucky, Maine -- places where interpreters aren't locally grown.

Bosnian Siblings

Utica is an exhausted city that in the 1980s offered itself as an arrival station for refugees. They came from Vietnam, Burma, Sudan, Bosnia and Russia. Other newcomers spoke Polish, Spanish, Chinese and Farsi. Among 234,000 people in Utica and environs, the 2000 census tallied 22,000 who didn't speak English at home.

When a patient's family is eager to interpret, doctors in the area say they are inclined to oblige. That's how it was when Mustafa Andelija wheeled his sister Zehra into a clinic run by one of Utica's two hospitals, Faxton-St. Luke's Healthcare.

The Andelijas are Bosnians. Mustafa, 36, has been here eight years; his 40-year-old sister, one. She suffers from cerebral palsy and diabetes. On this day, she had what seemed like a very bad cold. "I take care of her," Mr. Andelija said. "I never say OK if I don't understand what is mean." He stood behind his sister's wheelchair in an exam room. Dr. Renee Rodriguez Goodemote stood in front of it.

"I want to figure out if she has a urine infection," Dr. Goodemote said, speaking over her patient's head. "One of the other things I'd like is an X-ray of her stomach. With respect to the chest, I want to see if she's got fluid on her lungs. That's going to require a chest X-ray. You can start telling her that so far."

A Bosnian interpreter later helped transcribe a tape of what Mr. Andelija told his sister in Serbo-Croatian. Bending toward her ear, he said: "For a pain in your lungs and that fluid that you have, the only thing she's going to do is send you for a chest X-ray. After the chest X-ray, they're going to know what's going on."

The doctor said she would order blood tests for "signs of an infection," which Mr. Andelija translated as, "They are going to do blood work to check your infection." The doctor said she would order an electrocardiogram. Mr. Andelija said, "OK," but nothing more.

As her brother pushed her out of the clinic, Zehra Andelija wouldn't have known she was headed for a heart test or a stomach X-ray, or that it wasn't certain that she had an infection.

After they left, Dr. Goodemote said that even English speakers don't always follow her instructions. She was pleased to have Zehra Andelija's brother do the interpreting because relatives "make sure when she goes home that what I say gets done."

There is an alternative in Utica: In 1999, Cornelia Brown, who has a doctorate in Russian literature, founded a commercial medical-interpretation service, which now has 25 part-time interpreters on call. If a patient were deaf, a doctor would have to supply a professional sign-language interpreter at no charge, under the federal Americans With Disabilities Act. But people who don't speak English don't qualify as disabled, and there is no comparable law forcing doctors to pay Ms. Brown's fees of up to $60 an hour.

Often, that's more than Medicaid's rate for a whole visit, a lot more than Utica's doctors say they can afford. Only eight states reimburse any interpreting fees. New York isn't one. Ms. Brown's business grossed just $124,000 last year, less than she had expected. In Utica, even medical organizations that acknowledge the need for interpreters want to find a less costly way out.

For hospitals, the telephone is often an answer. Utica's St. Elizabeth's Medical Center has an account with Language Line Services, a 140-language interpreter bank on call at all hours. The hospital does summon Ms. Brown's people on occasion. But hospital nursing chief Robert Scholefield says, "If you're communicating a concept, the phone does the trick."

While phones work well in some situations -- an unexpected emergency-room crisis, for example -- some concepts are more difficult to handle than others. Hataija Pehlic, a Bosnian woman of 50, suffers from depression. At St. Luke's Hospital in 2000, she was served by a succession of phone interpreters on a squawk box for two hours a day during a month of psychotherapy.

They spoke a common language, "but I felt really bad," Ms. Pehlic says through one of Ms. Brown's interpreters. "They had different accents" -- accents, that is, of Serbians and Croatians, the enemies who had killed her son and driven her husband to suicide during the Balkan bloodshed of the 1990s. "I think it was a misunderstanding," Ms. Pehlic says.

Bringing Help

In office visits, much less psychotherapy, phone interpreters can be clumsy and still not cheap. Few Utica doctors use them. If patients don't bring their own help, many doctors say they simply won't give them appointments. But Dr. Stanley Weiselberg, a gastroenterologist, is one who does.

When Ana Gonzalez, a Dominican housekeeper on Medicaid, went to see him about her liver, she took Tony Colon. Puerto Rican by parentage, he comes from the Bronx and works for Ms. Brown. Like all of her interpreters, he is trained never to summarize and to intervene only to clarify. The patient's welfare officer recommended the service, and Dr. Weiselberg paid the $45 fee.

"You know who her family doctor is?" a nurse asked Mr. Colon. He said, "Speak directly to her, like I'm not here." The nurse turned to Ms. Gonzalez and said, "Who's your family doctor?" When Ms. Gonzalez couldn't recall, Mr. Colon said, "The interpreter wishes to interject," and told the nurse the doctor's name.

When Dr. Weiselberg entered the exam room, he didn't need prompting from Mr. Colon. As the interpreter whispered in Spanish, the doctor faced his patient and told her she had an infected liver.

"I recommend you have what's called a biopsy," Dr. Weiselberg said. He explained that this would allow a more precise diagnosis but that Ms. Gonzalez could choose to go on medication right away. As the doctor described success rates and side effects of various drugs, Mr. Colon's interpretation, as a review of the tape later showed, was almost verbatim.

"It's no big deal, at least for me," the doctor joked about the stab of the biopsy needle. A beat later, after listening to Mr. Colon, Ms. Gonzalez laughed.

"It feels like a dull punch," said the doctor. ("A punch not so hard," Mr. Colon made it.) Ms. Gonzalez said in Spanish, "I'm getting pain just thinking about it." And, a beat later, the doctor laughed.

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Lost in the translation: Ways to afford speaking your patients' languages: Physicians and hospitals struggle with a federal requirement to provide interpreters for non-English-speaking patients. Some have developed creative approaches.

By Markian Hawryluk, AMNews staff. Dec. 2, 2002

American Medical Association News Article on Interpreters more balanced than earlier articles and provides some support for use of interpreters. click here for article

Language barrier solid as ever throughout state

Posted on:  Monday, October 7, 2002
By Vicki Viotti (vviotti@honoluluadvertiser.com)
Honolulu Advertiser Staff Writer

A shortage of help for Hawaii's residents struggling against a language barrier has reached what some observers consider critical proportions that soon could land the state in the midst of a federal lawsuit before it's resolved.

The legal threat that looms over everyone - every state or county office, every private doctor or other contractor who receives federal money - is an executive order, among President Clinton's last acts. The order, upheld by the Bush administration, compels any individual or agency that receives federal money to provide services to speakers of all languages.
For more info, click here: http://the.honoluluadvertiser.com/article/2002/Oct/07/ln/ln01a.html
 

California Governor Davis Vetoes AB2739

Wilma Chan's Assembly Bill 2739 passed the California Legislature but was vetoed by Governor Davis in September.
For more information click here:
 

New York Times ExaminesPractice of 'Culturally Sensitive Care'  (10/01/2002).  Click here for article

Medical Interpretation: Massachusetts A 'Model' For Nation

PRI's "The World" Sept. 18 featured a report on how Massachusetts has responded to federal and state medical interpreting laws and developed services for non-English-speaking and limited-English-speaking patients that are "models" for the nation (Kaplan, "The World," PRI, 9/18). The federal mandate comes from federal officials' and health advocates' interpretation of Title VI of the Civil Rights Act of 1964 -- which prohibits discrimination based on national origin, among other things -- to mean that medical facilities receiving federal funds must provide services to all patients equally. In August 2000, former President Clinton signed an executive order requiring all federally funded medical facilities to develop written policies on how they would serve patients who speak little or no English (American Health Line, 7/23). According to PRI, Massachusetts has "one of the toughest medical interpreting laws in the country" and is "playing a leading role" in training non-native English speakers to become medical interpreters. PRI reports that "as immigrants spread out into communities," medical interpreting services in Massachusetts "embraced a sea-change of thinking on immigrants, health care and communication." A 10-month medical interpreter certificate program offered by Cambridge College is part of a "new effort to cultivate a more nuanced role for the medical interpreter." The program "draws heavily from the local immigrant community." Students must speak English and one other language: Spanish, Haitian, Creole, Portuguese or Vietnamese. Mandarin and Cantonese Chinese and Hindi will be added soon. Courses cover medical terminology, procedures and pharmaceuticals, as well as how to help other immigrants "navigate the health care world's many bureaucratic quirks" ("The World," PRI, 9/18). The full segment is available online in RealPlayer at http://play.rbn.com/?wgbh/world/demand/today4.rm.(c) Copyright 2002 by The Advisory Board Company. (found on Robert Wood Johnson Foundation website: http://www.rwjf.org/newsEvents/ahlNews.jhtml#two )

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Complaints Against Tucson Unified School District Result in Agreements Ensuring Language Services for Limited English Students and Parents

(Portland, ME — July 25, 2002) Complaints filed by advocates and members of the National Limited English Proficiency (LEP) Advocacy Task Force have resulted in the Tucson Unified School District signing agreements with US Health and Human Services and US Education Offices for Civil Rights to ensure qualified interpretation and translation services for Limited English students and parents.

The Tucson Unified School District (TUSD) has signed formal agreements with the Department of Health and Human Services Office for Civil Rights (OCR) in San Francisco and Department of Education Office for Civil Rights in Denver that will ensure all TUSD services and programs, including all of the Family Resource and Wellness Centers (FRWC), are accessible to persons with limited English skills.

The agreements close a Title VI complaint filed on June 14, 2001 by advocates and members of the National Limited English Proficiency (LEP) Advocacy Task Force, a civil rights organization that supports the laws prohibiting discrimination on the basis of national origin because of language and cultural differences. The complaint alleged that the TUSD discriminated against LEP students and parents by not providing qualified interpretation (spoken language) or translation (written language) services.

According to the HHS Agreement, approximately 17% of TUSD's student body are LEP. For purposes of this Agreement, "LEP Persons" are individuals whose primary language is not English and who cannot speak, read, write, or understand the English language at a level that permits them to interact effectively with TUSD and its FRWCs. The District has identified nearly 50 languages spoken by its LEP students including Spanish, Vietnamese, Russian, Cantonese, Mandarin, Arabic, and Farsi.

Policies and practices resulting in LEP persons not having an equal opportunity to participate in and benefit from programs receiving federal funds violate Title VI of the Civil Rights Act of 1964. OCR enforces Title VI, which prohibits discrimination on the basis of race, color, or national origin.

According to Kathy Poulos-Minott, coordinator of the National LEP Advocacy Task Force, "We are very encouraged because these are the first OCR Agreements with a school district that include detailed provisions for qualified interpretation and translation services. With the signing of these Agreements, TUSD reinforces its long-term commitment to providing excellent services for students and families with limited English."

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About The National LEP Advocacy Task Force. The National LEP Advocacy Task Force is a group of over 300 stakeholders who actively support the laws prohibiting discrimination on the basis of national origin because of language and cultural differences.

The National LEP Advocacy Task Force’s mission is to encourage recipients of federal funds, public accommodations providing essential services, and employers to comply with the legal obligations to bridge language and cultural differences by:

  • Responding to requests for administrative and or legal advocacy for the purpose of assisting in the monitoring and enforcement of existing laws and regulations including, but not limited to, Title VI, Title VII, and other applicable mandates.
  • Assisting in the provision of equal access to and participation in services for LEP clients.
  • Assisting in effectively implementing the requirements of civil rights laws.
  • Linking advocacy groups.
  • Providing community legal education and information.
  • Developing and submitting comments upon request from a government agency or representative thereof.

Click here for the LEP Task Force website

 
July 25, 2002
Kathy Poulos-Minott
Coordinator
National Limited English Proficiency (LEP) Task Force
85 Lester Drive
Portland, Maine 04103
207-878-5196
  Kpoulosm@maine.rr.com
Final LEP OCR Guidance  on US Federal Register/ Department of Justice website!  (click here for linked document!) (in Adobe PDF format)

NYC hospitals sued for lack of Spanish services

By Alan Mozes
also found at: http://ca.news.yahoo.com/020222/5/jvye.html 

NEW YORK, Feb 22 (Reuters Health) - A grass roots organization here has filed suit against two Brooklyn hospitals, accusing them of failing to offer non-English-speaking patients translation and interpretation services mandated by federal, state and city law.

The legal action was taken Thursday afternoon by the New York Lawyers for the Public Interest, Inc. (NYLPI) on behalf of Make the Road by Walking (MRW)--a local nonprofit organization that has advocated for the political rights of low-income Latinos and African-Americans since 1997.

The suit was filed with the New York State Attorney General's office against Wyckoff Heights Hospital and Woodhull Hospital, both of which are situated in Bushwick, a heavily Hispanic section of northern Brooklyn. The plaintiffs allege that the hospitals have violated the civil rights of a large proportion of their surrounding community, effectively denying equal access to healthcare by not providing health services in Spanish.

"In order to access vital life-saving healthcare services, immigrant communities need to be able to communicate with their doctors and nurses," Andrew Friedman, MRW's co-director, told Reuters Health. "And what we found is that these hospitals remained fundamentally inaccessible to these communities, because the hospitals don't have translation and interpretation services."

Friedman described the problem as a national issue. He noted that other cities with large immigrant populations, such as Seattle, have succeeded in making healthcare accessible to non-English speakers. "I think these two hospitals are very negligent, but it's not a problem that's limited to these two hospitals," he said. "Over the past 10 years, the demographics in New York City have shifted tremendously and healthcare providers are just lagging beyond. New York City is not doing a good job--but it's not the only major city that's not doing a good job."

Friedman added that the absence of such services in an area where upwards of 40% of the population is Spanish-speaking defies common sense. But he added that when practical concerns do not drive hospital policy there is legal protection, in the form of Title VI of the 1964 Civil Rights Act and the New York City Human Rights Law, both of which prohibit discrimination based on race, national origin or color.

"I can't comment on the case because we've not see the complaint," Woodhull Hospital spokesperson Stephen Bohlen told Reuters

Health. "But I will say that we say that we feel very confident that we are meeting the needs of our diverse community. We have one of the most diverse provider staff probably in the nation, and we have a plethora of services available to patients who don't speak English."

Bohlen noted that to address the inevitable language concerns that come with 450,000 clinic visits and 18,000 in-patient visits per year, the hospital has a volunteer translation pool of 625 staff members who collectively speak 50 languages. He said the institution also subscribes to an instantaneous telephone service available 24 hours, 7 days a week, providing translation for more than 130 languages.

"We have a very diverse country, and it's important that we meet the needs of our community," Bohlen said. "It's one our primary concerns at the hospital, and I'm sure that every hospital in the country is dealing with this issue."

Attempts to reach Wyckoff Heights Hospital for comment were unsuccessful. 
(Reuters Health)

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Public Comments Needed - DEADLINE: (WAS) APRIL 2, 2002

US Department of Health & Human Services (DHHS) is asking once again for comments on the LEP guidance. This seems to be part of a larger effort to give people a chance to comment on all the Federal LEP guidances under the current administration.

Clearly, from the reports we've heard from various professional medical associations, it will be very important that the Department receive the full spectrum of views on the guidance. It's especially that they hear from those front-line healthcare providers and LEP advocates about the full impact of the guidance. Please take the time to respond -- it can be as short or as detailed as you can manage. Read the following announcement for further details.

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  • Hablamos Juntos: Improving Patient-Provider Communication for Latinos

    "Hablamos Juntos" is Spanish for "We speak together." Hablamos Juntos: Improving Patient-Provider Communication for Latinos is a new $18.5 million national program of The Robert Wood Johnson Foundation intended to help improve access to quality health care for Latinos with limited English proficiency. The primary goal of the program is to explore cost-effective ways for providers to use interpretation and translation in delivering services. The program will grant in two phases of up to $1 million to as many as 10 health care provider organizations in communities or catchment areas with new and fast-growing Latino populations. Grantees will be expected to develop and test systems of medical interpretation, signage and print materials across multiple delivery points within the health care system.  For more information: http://www.trpi.org/hablamos.html 

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  • Rating California HMOs: 

    The California Office of the Patient Advocate presents the first annual HMO Report Card. The San Francisco Chronicle reports that the new report cards rated 17 HMOs serving 20 million Californians on 57 indicators "grouped into five categories.  The Report Card also rates HMOs for how they address language issues for LEP patients: 

    The report card appears on the  of the CA Department of Managed Health Care website (Sept. 25): http://wp.dmhc.ca.gov/report_card/

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  • September 24, 2001

    Lynn Payer Dies at 56; Wrote of Culture and Medicine

    By WOLFGANG SAXON
    New York Times

    Lynn Payer, a science writer and medical journalist best known for her books about the impact of culture on medical care, died Saturday at Calvary Hospice in the Bronx. She was 56 and lived in Manhattan.

    The cause was breast cancer, said her sister, Cheryl Payer, her only immediate relative.

    Ms. Payer's critically praised book, "Medicine and Culture: Varieties of Treatment in the United States, England, West Germany and France," was first published by Holt in 1988. A 1995 paperback edition is still in print.... more

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