ProEnglish & Physicians File Major Challenge to HHS Translation Rules

SAN DIEGO -- ProEnglish, a national organization that supports making English the official language of government operations, announced at a San Diego press conference that it was filing suit in federal court against the U.S. Department of Health and Human Services (HHS) and HHS Secretary Tommy G. Thompson, to challenge HHS policy that requires translations and interpreters for non-English speaking persons. Joining ProEnglish as co-plaintiffs were the Association of American Physicians and Surgeons (AAPS), and five physicians acting in their own behalf. The Pacific Legal Foundation (PLF) is representing the plaintiffs on the lawsuit being filed in U.S. District Court in the Southern District of California.

HHS promulgated its policy in August of 2003 pursuant to Executive Order 13166 (E.O. 13166), issued by President Clinton in August, 2000. It says that recipients of federal funds -- a huge class that includes doctors participating in Medicaid or Medicare as well as state and local government agencies -- that fail to provide free translation and interpreter services for their non-English speaking clients may be guilty of violating the ban on "national origins" discrimination in Title VI of the 1964 Civil Rights Law. President Bush subsequently reaffirmed the order despite objections from many affected groups including AAPS and the American Medical Association.

The complaint seeks declaratory and injunctive relief against the HHS policy, which the plaintiffs charge violates the Administrative Procedures Act and the First Amendment to the Constitution and forces medical providers and others, without reimbursement, to speak in a manner not of their choosing, exposing them to liability under both federal law and malpractice claims.

Speaking at the press conference, ProEnglish chairman Bob Park charged, "Stripped of its rhetoric, E.O. 13166 and the HHS policy guidelines are official multilingualism disguised as civil rights enforcement. We reject the legal argument used to justify E.O. 13166, which is that using English is a form of prohibited 'national origin' discrimination." PLF attorneys present announced the plaintiffs would seek a preliminary injunction against the HHS policy.

Source: ProEnglish