Lawsuit challenges federal rule requiring translation services

A lawsuit is challenging a Clinton-era executive order requiring federally funded hospitals and doctors to provide translators for patients who speak little English, arguing it is an illegal intrusion that will drive physicians out of practice. The suit against the U.S. Department of Health and Human Services and its secretary, Tommy G. Thompson, was filed Monday by several physicians and a group supporting English as the nation's official language. It contends that Executive Order 13166 is an expensive and intrusive burden on doctors and limits their right of free speech. Guidelines on how to implement the 2000 order were issued last year by the health department. They advise health care providers to offer free translation services ranging from written materials and phone conferences to bilingual medical staff and trained interpreters. But the Washington-based National Alliance for Hispanic Health said patients with limited English skills need to fully understand what their doctor is saying. Family members may lack the skill to accurately translate medical terms and the patient may not want relatives to know about a medical condition, said Dr. Jane Delgado, president and CEO of the alliance. [more ]