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The President’s New Freedom Commission
  on Mental Health: Achieving the Promise:
Transforming Mental Health Care in America.
          Final Report, July 2003.
WESTERN PSYCHIATRIC                TRADITIONAL ASIAN
• Scientific epistemology          • Spiritual orientation
• Biochemical/Genetic etiology     • Epistemologically based on
  of illness without considering     faith and intergenerational
  soul or spiritual origins          transmission of knowledge
• Defines illness as physical      • No discrete lines between
  or mental – discrete lines         physical and mental illness
  between mental and physical        – holistic view of health
• Verbalization of problems        • Verbalization of problems
  viewed as a necessary part         is not viewed as productive
  of treatment                       or necessary. Silence is a
                                     virtue.
• Widely held stereotypes of Asian Americans
  as “problem free” may prompt clinicians
  to overlook their mental health problems
  (Takeuchi & Uehara, 1996).
• Among all the major ethnic groups, Asian
  Americans confronted the most cultural and
  linguistic barriers in finding competent
  mental health care and received the lowest
  quality of care.
• Only 12 percent of Asians would mention their
  mental health problems to a friend or relative
  (versus 25 percent of whites).
• A meager 4 percent of Asians would seek help
  from a psychiatrist or specialist (versus 26 percent
  of whites).
• Only 3 percent of Asians would seek help from
  a physician (versus 13 percent of whites).
• This study of Asian Americans in LA concluded that
  stigma was pervasive and pronounced (Zhang et
  al., 1998).
• Denise McNair – 11 years old
• Carole Robertson – 14 years old
• Cynthia Wesley – 14 years old
• Addie Mae Collins – 14 years old
• Sept. 15, 1963 - instantly killed Denise,
  Carole, Cynthia, and Addie
• Catalyzed the unified movement among
  civil rights leaders
• July 2, 1964 - the passage of the most
  comprehensive body of civil rights laws
  in American history: U.S. Civil Rights
  Act of 1964
How Title VI affects health
and human service provisions for those
 with limited-English proficiency (LEP)?
"No person in the United States shall,
 on ground of race, color or national
origin, be excluded from participation
  in, be denied the benefits of, or be
subjected to discrimination under any
program or activity receiving Federal
         financial assistance."
Birthplace, ancestry, culture,
  linguistic characteristics common
to a specific national minority group,
          or linguistic accent
LEP persons are those
 individuals with a primary
     or home language other
     than English who must,
    due to limited fluency in
    English, communicate in
        that primary or home
      language if they are to
 have an equal opportunity
  to participate in or benefit
   from any aids or services
provided by an agency that
          is receiving federal
                     funding.
Nearly 30% of Asian and
Latino Americans say they do not
    speak English “very well.”
• Verbal communication is critical to accurate
  diagnosis and effective treatment
• Diagnoses are frequently made on the basis
  of symptoms verbally reported by the patient.
• No objective medical tests, such as EKGs,
  blood tests, or x-rays to verify a psychiatric
  diagnosis or the effectiveness of psychotropic
  medications, other than the patient’s
  presentation and verbal reporting
• Minorities face greater disability burden
  not necessarily because the illnesses are
  more severe but because of the barriers
  they face in terms of access to care
• Health disparities result
Established that language, by proxy, is national origin
• The United States Supreme Court in Lau vs. Nichols
  (1974) stated that one type of national origin
  discrimination is discrimination based on a person's
  inability to speak, read, write, or understand
  English.
• The government has to take affirmative steps, i.e.,
  language interpretation, to rectify the lack of equal
  and comparable services based on limited-English
  language proficiency.
"Simple justice requires that public funds,
 to which all taxpayers of all races
 contribute, not be spent in any fashion
 which encourages, entrenches,
 subsidizes, or results in racial
 discrimination."
• There are 14 standards for culturally and
  linguistically appropriate services (CLAS), proposed
  as a means to correct inequities that currently exist
  in the provision of health services and to make these
  services more responsive to the individual needs of
  all patients/consumers.
• Of these 14, Standards 4-7, which pertain to
  language assistance, are mandated by law for all
  programs and activities funded by Federal monies
Of these 14, Standards 4-7, which pertain to language
assistance, are mandated by law for all programs and
activities funded by Federal monies
4. Language assistance services at no cost to each
   patient/consumer with LEP
5. Notices to patients/consumers in their preferred language,
   informing them of their right to receive language assistance
   services.
6. Competence of language assistance
7. Patient-related materials and signage in the languages of
   the commonly encountered groups
Culturally and Linguistically Appropriate Services
Standards (CLAS) are the collective set of culturally
   and linguistically appropriate services (CLAS)
    mandates, guidelines, and recommendations
    issued by the U.S. Department of Health and
Human Services Office of Minority Health intended
     to inform, guide, and facilitate required and
  recommended practices related to culturally and
       linguistically appropriate health services
         (National Standards for Culturally and
 Linguistically Appropriate Services in Health Care
               Final Report, OMH, 2001).
STANDARD 4
    Health care organizations must offer
and provide language assistance services,
  including bilingual staff and interpreter
    services, at no cost to each patient/
consumer with limited English proficiency
 at all points of contact, in a timely manner
        during all hours of operation.
STANDARD 5
Health care organizations must provide
 to patients/consumers in their preferred
language both verbal offers and written
 notices informing them of their right to
 receive language assistance services.
STANDARD 6
  Health care organizations must assure
 the competence of language assistance
    provided to limited English proficient
  patients/consumers by interpreters and
bilingual staff. Family and friends should
   not be used to provide interpretation
     services (except on request by the
             patient/consumer).
STANDARD 7
  Health care organizations must make
available easily understood patient-related
    materials and post signage in the
languages of the commonly encountered
 groups and/or groups represented in the
               service area.
• Are supposed to be reported to the
  Office of Civil Rights (OCR), Federal
  Dept of Health and Human Services
• Reports of violations are investigated by
  OCR
• Can result in loss of funding for the
  organization in violation
More than 30 percent of direct medical costs faced
by African Americans, Hispanics, and Asian
Americans were excess costs due to health
inequities – more than $230 billion over a three
year period (2003-2006). And when you add the
indirect costs of these inequities over the same
period, the tab comes to $1.24 trillion.
                                 — Ralph B. Everett, Esq.
                                      President and CEO
         Joint Center for Political and Economic Studies
Bruce Adelson, Esq.
Former Senior Attorney of the Dept of Justice
   of Federal Compliance Consulting, LLC
Health Equity and Civil Rights

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Health Equity and Civil Rights

  • 1.
  • 2. The President’s New Freedom Commission on Mental Health: Achieving the Promise: Transforming Mental Health Care in America. Final Report, July 2003.
  • 3. WESTERN PSYCHIATRIC TRADITIONAL ASIAN • Scientific epistemology • Spiritual orientation • Biochemical/Genetic etiology • Epistemologically based on of illness without considering faith and intergenerational soul or spiritual origins transmission of knowledge • Defines illness as physical • No discrete lines between or mental – discrete lines physical and mental illness between mental and physical – holistic view of health • Verbalization of problems • Verbalization of problems viewed as a necessary part is not viewed as productive of treatment or necessary. Silence is a virtue.
  • 4. • Widely held stereotypes of Asian Americans as “problem free” may prompt clinicians to overlook their mental health problems (Takeuchi & Uehara, 1996). • Among all the major ethnic groups, Asian Americans confronted the most cultural and linguistic barriers in finding competent mental health care and received the lowest quality of care.
  • 5. • Only 12 percent of Asians would mention their mental health problems to a friend or relative (versus 25 percent of whites). • A meager 4 percent of Asians would seek help from a psychiatrist or specialist (versus 26 percent of whites). • Only 3 percent of Asians would seek help from a physician (versus 13 percent of whites). • This study of Asian Americans in LA concluded that stigma was pervasive and pronounced (Zhang et al., 1998).
  • 6.
  • 7. • Denise McNair – 11 years old • Carole Robertson – 14 years old • Cynthia Wesley – 14 years old • Addie Mae Collins – 14 years old
  • 8. • Sept. 15, 1963 - instantly killed Denise, Carole, Cynthia, and Addie • Catalyzed the unified movement among civil rights leaders • July 2, 1964 - the passage of the most comprehensive body of civil rights laws in American history: U.S. Civil Rights Act of 1964
  • 9. How Title VI affects health and human service provisions for those with limited-English proficiency (LEP)?
  • 10. "No person in the United States shall, on ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."
  • 11. Birthplace, ancestry, culture, linguistic characteristics common to a specific national minority group, or linguistic accent
  • 12. LEP persons are those individuals with a primary or home language other than English who must, due to limited fluency in English, communicate in that primary or home language if they are to have an equal opportunity to participate in or benefit from any aids or services provided by an agency that is receiving federal funding.
  • 13. Nearly 30% of Asian and Latino Americans say they do not speak English “very well.”
  • 14. • Verbal communication is critical to accurate diagnosis and effective treatment • Diagnoses are frequently made on the basis of symptoms verbally reported by the patient. • No objective medical tests, such as EKGs, blood tests, or x-rays to verify a psychiatric diagnosis or the effectiveness of psychotropic medications, other than the patient’s presentation and verbal reporting
  • 15. • Minorities face greater disability burden not necessarily because the illnesses are more severe but because of the barriers they face in terms of access to care • Health disparities result
  • 16. Established that language, by proxy, is national origin • The United States Supreme Court in Lau vs. Nichols (1974) stated that one type of national origin discrimination is discrimination based on a person's inability to speak, read, write, or understand English. • The government has to take affirmative steps, i.e., language interpretation, to rectify the lack of equal and comparable services based on limited-English language proficiency.
  • 17. "Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination."
  • 18. • There are 14 standards for culturally and linguistically appropriate services (CLAS), proposed as a means to correct inequities that currently exist in the provision of health services and to make these services more responsive to the individual needs of all patients/consumers. • Of these 14, Standards 4-7, which pertain to language assistance, are mandated by law for all programs and activities funded by Federal monies
  • 19. Of these 14, Standards 4-7, which pertain to language assistance, are mandated by law for all programs and activities funded by Federal monies 4. Language assistance services at no cost to each patient/consumer with LEP 5. Notices to patients/consumers in their preferred language, informing them of their right to receive language assistance services. 6. Competence of language assistance 7. Patient-related materials and signage in the languages of the commonly encountered groups
  • 20. Culturally and Linguistically Appropriate Services Standards (CLAS) are the collective set of culturally and linguistically appropriate services (CLAS) mandates, guidelines, and recommendations issued by the U.S. Department of Health and Human Services Office of Minority Health intended to inform, guide, and facilitate required and recommended practices related to culturally and linguistically appropriate health services (National Standards for Culturally and Linguistically Appropriate Services in Health Care Final Report, OMH, 2001).
  • 21. STANDARD 4 Health care organizations must offer and provide language assistance services, including bilingual staff and interpreter services, at no cost to each patient/ consumer with limited English proficiency at all points of contact, in a timely manner during all hours of operation.
  • 22. STANDARD 5 Health care organizations must provide to patients/consumers in their preferred language both verbal offers and written notices informing them of their right to receive language assistance services.
  • 23. STANDARD 6 Health care organizations must assure the competence of language assistance provided to limited English proficient patients/consumers by interpreters and bilingual staff. Family and friends should not be used to provide interpretation services (except on request by the patient/consumer).
  • 24. STANDARD 7 Health care organizations must make available easily understood patient-related materials and post signage in the languages of the commonly encountered groups and/or groups represented in the service area.
  • 25. • Are supposed to be reported to the Office of Civil Rights (OCR), Federal Dept of Health and Human Services • Reports of violations are investigated by OCR • Can result in loss of funding for the organization in violation
  • 26. More than 30 percent of direct medical costs faced by African Americans, Hispanics, and Asian Americans were excess costs due to health inequities – more than $230 billion over a three year period (2003-2006). And when you add the indirect costs of these inequities over the same period, the tab comes to $1.24 trillion. — Ralph B. Everett, Esq. President and CEO Joint Center for Political and Economic Studies
  • 27. Bruce Adelson, Esq. Former Senior Attorney of the Dept of Justice of Federal Compliance Consulting, LLC