Current through December 10, 2024
Rule 24-2-14.6 - Limited English Proficiency Services and Cultural CompetencyA. The provider should take reasonable steps to provide meaningful access to services, such as language assistance, for those with Limited English Proficiency (LEP) and/or language-based disabilities. Language assistance services, including bilingual employees and interpreter services, must be offered at no cost to people with LEP. These services must be offered at all points of contact with the person while receiving services. A detailed description of when and how these services will be provided must be clearly explained in the agency provider's policies and procedures.B. All agency providers must develop and implement policies and procedures that address Culturally and Linguistically Appropriate Services (CLAS) federal guidelines in order to improve access to care for people with Limited English Proficiency through the elimination of language and cultural barriers. All policies and procedures must:1. Include the process for offering language assistance to people who have LEP and/or other communication needs, at no cost to them, to facilitate timely access to all services.2. Describe how the agency provider informs people of the availability of language assistance services clearly in their preferred language, verbally, and in writing.3. Ensure the competence of people providing language assistance.4. Provide easy-to-understand multimedia materials and signage in the languages commonly used by the population in the service area.C. Cultural competency describes the ability of an agency provider to provide services to people with diverse values, beliefs, and behaviors, including tailoring service delivery to meet the person's social, cultural, and linguistic needs. Cultural competency refers to the acceptance of and respect for difference, the continuing self-assessment regarding culture, attention to the dynamics of difference, ongoing development of cultural knowledge, skills, and resources and flexibility within service models to work towards better meeting the needs of diverse and minority populations. Cultural competency requires that organizations: 1. Have a defined set of values and principles and demonstrate behaviors, attitudes, policies, and structures which enable them to work effectively and cross-culturally.2. Have the capacity to value diversity, conduct competency self-assessment, manage the dynamics of difference, acquire and implement cultural knowledge, and adapt to diversity and the cultural contexts of the communities they serve. 3. Incorporate the above in all aspects of policy making, administration practice, service delivery, and systematically involve people served, key stakeholders, and communities. Policies and procedures manuals must address how the agency provider intends to provide services/supports and programs in a culturally competent manner and must reflect the agency provider's efforts to integrate values, attitudes, and beliefs of the people served into the services provided.
D. Services and plan development must reflect cultural considerations of the person and be conducted by providing information in a plain language and in a manner that is accessible to people who have LEP.E. DMH may utilize a linguistic and cultural competency checklist for evaluation and monitoring of this rule.