Transcript Title VI of the Civil Rights Act of 1964

Title VI of the Civil Rights Act
of 1964
Communication requirements in local public service
agencies and a night out at the movies
“They’re here!” Poltergeist
“I’m going to make him an offer he can’t refuse”
The Godfather
 In exchange for federal financial assistance through the
NCDHHS (i.e., Medicaid) all agencies and all of their
programs must comply with Title VI of the Civil Rights
Act of 1964.”All things are free in America”, West
Side Story. Ain’t so!
 This title includes “national origin’ which equates to
individuals who are LEP (limited English proficient).
 All clients and potential clients have a right to
understand the information and services that are being
offered to see if they are eligible or if a minor in their
family unit or household is eligible.
 There is no “national language in the United States
“You’re gonna need a bigger boat.” Jaws.
“Toto, I’ve got this feeling that we’re not in Kansas anymore”
Dorothy in the Wizard of Oz
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10.4% of the U.S. population are immigrants
20% of the U.S. population are either immigrants or children of
immigrants
80% of the children are U.S. citizens and immigrant families can
be “mixed status” and in most immigrant (85%) include at least
one citizen, usually a child.
Immigrant families with children experience greater poverty.
For example, nationwide, 36% of all children who are eligible for
Medicaid but are not enrolled in the program live in immigrant
families.
Vast majority (9 out of 10) of these children are U.S. citizens.
The likelihood of being noninsured is almost double for immigrants
as for citizens.
“What we’ve got here is a failure to communicate”
Cool Hand Luke
 The key to ensuring meaningful access for LEP
persons is effective communication. An agency or
provider can ensure effective communication by
developing and implementing a comprehensive
written language assistance program that includes
polices and procedures for identifying and assessing
the language needs of it’s LEP applicants/clients and
that provides a range of oral language assistance,
periodic training of staff, monitoring of the program
and in certain circumstances, the translation of
written materials.
 Options range from bilingual staff to telephone
interpreter services “E.T., phone home” E.T.:The
Extra-Terrestrial.
“One morning I shot an elephant in my pajamas. How he got in
my pajamas, I don’t know.”
Animal Crackers
 It has to be competent and effective translations or
you may be liable for the mistakes made in the
translations.
 Do not use children as interpreters at your agency,
“No wire hangers, no wire hangers, ever!”
Mommie Dearest.
 There is a cultural competency component to Title VI.
 Individuals must me treated in a culturally competent
manner to ensure effective treatment “My mama
always said, ‘Life is (was) like a box of
chocolates. You never know what you’re gonna
get.” Forrest Gump.
“Badges? We ain’t got no badges! We don’t need no badges! I
don’t have to show you any stinking badges!”
The Treasure of Sierra Madre
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Just a reminder that local agencies are not immigration
officials and releasing the names of individuals who “you”
suspect of being undocumented may subject your agency to
state or federal investigation and a loss of federal and state
funding, “Frankly, my dear. I don’t give a damn.” Gone
with the Wind.
“I’ll be back” The Terminator and “Hasta la vista baby.”
Terminator 2: Judgment Day
How do you determine the extent of your Title VI
obligations? You use the four factor analysis
 The number or proportion of LEP individuals served or
encountered in the eligible service populations
 The frequency with which LEP individuals come I
contact with your program, activity or service.
“Round up the usual suspects” Casablanca.
 The nature and importance of the program, activity or
service “I don’t know nothin’ ‘bout birthin’
babies” Gone with the Wind.
 Available resources and cost “Show me the money”
Jerry Maguire.
“They call me Mister Tibbs”
In the Heat of the Night
Contact Information:
M. Terry Hodges
Compliance Attorney (“Well, nobody’s perfect” Some like it hot)
NC Dept. of Health and Human Resources
101 Blair Drive, Adams Building/2001 Mail Service Center
Raleigh, NC
Telephone: 919.715.7449
[email protected]