HS 165 M2 A Comparative Analysis of State Regulations

HS 165 M2 A Comparative Analysis of State Regulations

Implications on Healthcare Discrimination: A Comparative Analysis of State Regulations

In this case, we will address the discrimination and healthcare gaps that the marginalized communities face as a problem. We shall also examine Title VI of the Civil Rights Act of the United States of America which concerns discrimination with respect to the Availability and provision of health services. Additionally, we will study the response of three US states in relation to Title VI and the issue of language, race, ethnicity, and national origin relating to healthcare.

Understanding Title VI of the Civil Rights Act of 1964

Title VI and Healthcare Equality

The Civil Rights Title VI of the Act of 1964 paperwork implements the rule against any form of bias including discriminatory practices based on race, ethnicity, or national origin in any program or undertaking that is funded by the Federal Government. At the level of health care, it guarantees that every individual is treated irrespective of his race or ethnicity (Shannon & Tracker, 2020). In addition, Title VI requires all healthcare providers receiving any federal funding to make available communication services to Limited English Proficient (LEP) individuals to make sure that effective communication and healthcare services delivery is not hindered.

Title VI covers federally funded programs and activities that discriminate on the basis of race, color, or national origin (Bailey et al., 2023). In the same manner, Title VI ensures that individuals from different races and ethnic backgrounds get care without discrimination. This involves the provision of language services to those who do not speak English well and strong communication among patients and providers of such services.

State Regulations on Language Access in Healthcare

All states in the USA have different language access laws. For example, the California Language Assistance Services Act requires health care providers to offer language assistance services to limited English proficient patients, including interpreter and translation services. This regulation most certainly provides observance of Title VI by offering medical services and facilities to all people irrespective of their ability to speak English (Blake, 2020).

Laws that provide for language access in medical and healthcare settings assist those with limited English proficiency in interacting with their healthcare providers and receiving the medical help they need. In most instances, these laws require that a healthcare facility translate or interpret English for patients who cannot communicate adequately in the English language. Adhering to these regulations enhances the ability of medical practitioners to overcome language barriers and provide appropriate care to diverse patients.

State Regulations on Language Access

State policy frameworks established some boundaries as to who qualifies as an interpreter and translator as well as some training modalities to facilitate the safeguarding of confidentiality and accuracy of communication between patients and relevant service providers. Some other states also provide grants or reimbursements to healthcare facilities to help put the language accessibility policies into practice which guarantee universal healthcare provision irrespective to non-English speaking patients (Harris & Pamukcu, 2020).

In general, language access policies of state governments supplement the provisions of Title VI of the Civil Rights Act of 1964 by catering to the specific needs of linguistically diverse members of the population, thereby enhancing the value and equity of health care services.

Texas Language Access Policies

Likewise, Texas requires specific legislative provisions that facilitate language access for patients at the primary level of health care. Instead, the state depends on Title VI, which is a federal law, to guarantee language access for patients who have limited English proficiency. Nonetheless, federal laws, policies, and programs do not guarantee consistent state language assistance service provision because each state may interpret their implementation differently.

Furthermore, New York does not stand alone in the US because it supports the existence of restrictive language clauses geared towards enabling medical practitioners to access patients from different language backgrounds (Kirkland & Hyman, 2021). The New York State Department of Health mandates that healthcare facilities provide language assistance services such as interpretation and translation to patients who are limited English proficient.

As such, it goes without saying that New York City has reasonable policies on language access to the healthcare services which also facilitates greater compliance with Title VI and maximizes healthcare benefits to different groups.

State Regulations on Race, Ethnicity, and National Origin Requirements in Healthcare

HS 165 M2 A Comparative Analysis of State Regulations in Health Care An individual state may impose different health regulations regardign race, ethnicity, and national origin. For example, Hawaii has started healthcare programs aimed at closing the gap in the availability of healthcare services to Native Hawaiians and the Pacific Islands. The State Department of Health works with local people to provide culturally appropriate and locally appropriate care. This approach embodies Title VI spirit.

On the other hand, Mississippi has different African American social classes that have a grave disparity in health care. The state has begun to address some of these disparities, such as the (planned increases of access to primary care services for rural health and lower income primary care providers, expansion of Medicaid) in Mississippi (Knackert, 2021). Still, disparities are obtained because of structural barriers as well as existing fundamental racism within the healthcare system, which restricts health equity for all population groups.

Conclusion

In conclusion, title VI of the Civil Rights Act of 1964 is vital in eradicating discrimination in the healthcare sector and enhancing health value among populations that have been oppressed. However, the application and the need for Title VI have different factors across states, thus creating access to healthcare compares by comparison and contrasts these variables through the respective state regulations and laws on language access discrimination factors, race, ethnicity, and national origin in a healthcare context, shows the gap, and proposes measures for promoting healthcare equity.

References

Bailey, M. J., Helgerman, T. E., & Stuart, B. A. (2023). How the 1963 Equal Pay Act and 1964 Civil Rights Act Shaped the Gender Gap in Pay (Working Paper 31332). National Bureau of Economic Research. 

https://doi.org/10.3386/w31332

Blake, V. K. (2020). Health Care Civil Rights under Medicare for All. Hastings Law Journal72, 773.

Harris, A. P., & Pamukcu, A. (2020). The Civil Rights of Health: A New Approach to Challenging Structural Inequality. UCLA Law Review67, 758.

Kirkland, A., & Hyman, M. (2021). Civil rights as patient experience: How healthcare organizations handle discrimination complaints. Law & Society Review55(2), 273–295. 

https://doi.org/10.1111/lasr.12554

Knackert, J. A. (2021). Necessary Coverage for Authentic Identity: How Bostock Made Title VII the Strongest Protection against Employer-Sponsored Health Insurance Denial of Gender-Affirming Medical Care. Marquette Law Review105, 179.

Shannon, J. H., & Hunter, J. (2020). The Civil Rights Act of 1964: Beyond Race to Employment Discrimination Based on Sex: The “Three Letter Word” That Has Continued to Vex Society and The United States Supreme Court (SSRN Scholarly Paper 3649409). 

https://papers.ssrn.com/abstract=3649409

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