Section 1557 plays a crucial role in eliminating discrimination in healthcare in the United States. To achieve this, the law mandates that healthcare providers and medical device manufacturers offer high-quality translations of documents for patients. While technology has come a long way in automating translations, there's still no substitute for human input to ensure that the translations meet the high standards the law requires.
Section 1557 of the ACA prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in healthcare programs and activities. For many individuals with limited English proficiency, this means healthcare providers must offer translated documents that allow them to fully understand their rights and access healthcare services.
Quality is paramount for translations of healthcare materials. The consequences of misunderstanding healthcare information can be life-threatening. A single mistranslation or misinterpretation can result in the wrong treatment or a lack of access to vital services. This is why Section 1557 requires translations to be accurate, clear, and easy to understand.
Translation technology is not infallible. Automated translation tools have their limitations. They may struggle with context, idiomatic expressions, and medical jargon. Translating healthcare documents often requires a deep understanding of medical terminology and the cultural nuances of the target language.
Human editing is the crucial step in the translation process. Skilled translators with expertise in healthcare terminology and cultural nuances review and refine the machine-generated translations. They ensure that the translated documents are not only accurate but also culturally sensitive and appropriate.
A proposed HHS rule defines machine translation and sets out requirements for the involvement of human translators. It states,
The Department proposes regulatory language requiring a covered entity that uses machine translation to have translated materials reviewed by a qualified human translator when the underlying text is critical to the rights, benefits, or meaningful access of an LEP individual; when accuracy is essential; or when the source documents or materials contain complex, non-literal, or technical language.
It defines a “qualified translator” as one who:
(1) Has demonstrated proficiency in writing and understanding both written English and at least one other written non-English language;
(2) Is able to translate effectively, accurately, and impartially to and from such language(s) and English, using any necessary specialized vocabulary or terms without changes, omissions, or additions and while preserving the tone, sentiment, and emotional level of the original written statement; and
(3) Adheres to generally accepted translator ethics principles, including client confidentiality.
This mirrors the text of CFR Title 45 Subtitle A Subchapter A Part 92, requiring a translator who:
(A) Adheres to generally accepted translator ethics principles, including client confidentiality;
(B) Has demonstrated proficiency in writing and understanding at least written English and the written language in need of translation; and
(C) Is able to translate effectively, accurately, and impartially to and from such language(s) and English, using any necessary specialized vocabulary, terminology and phraseology.
In the world of healthcare, there's no room for error. The use of skilled human editors ensures that translated materials are not only linguistically accurate but also culturally sensitive and appropriate, meeting the highest standards of quality. Through the combined efforts of technology and human expertise, SimulTrans bridges the language barrier in healthcare and upholds the principles of Section 1557.