§ 92.11 Notice of availability of language assistance services and auxiliary aids and services. ( a ) A covered entity must provide a notice of availability of language assistance services and auxiliary aids and services that, at minimum, states that the covered entity, in its health programs or activities, provides language assistance services and appropriate auxiliary aids and services free of charge, when necessary for compliance with section 1557 or this part, to participants, beneficiaries, enrollees, and applicants of its health program or activities, and members of the public.
( b ) The notice required under paragraph (a) of this section must be provided in English and at least the 15 languages most commonly spoken by individuals with limited English proficiency of the relevant State or States in which a covered entity operates and must be provided in alternate formats for individuals with disabilities who require auxiliary aids and services to ensure effective communication.
( c ) The notice required under paragraph (a) of this section must be provided in a covered entity's health program or activity, as follows: ( 1 ) On an annual basis to participants, beneficiaries, enrollees (including late and special enrollees), and applicants of its health program or activity;
( 2 ) Upon request;
( 3 ) At a conspicuous location on the covered entity's health program or activity website, if it has one;
( 4 ) In clear and prominent physical locations, in no smaller than 20-point sans serif font, where it is reasonable to expect individuals seeking service from the health program or activity to be able to read or hear the notice; and
( 5 ) In the following electronic and written communications when these forms are provided by a covered entity: ( i ) Notice of nondiscrimination required by § 92.10;
( ii ) Notice of privacy practices required by 45 CFR 164.520;
( iii ) Application and intake forms;
( iv ) Notices of denial or termination of eligibility, benefits or services, including Explanations of Benefits, and notices of appeal and grievance rights;
( v ) Communications related to an individual's rights, eligibility, benefits, or services that require or request a response from a participant, beneficiary, enrollee, or applicant;
( vi ) Communications related to a public health emergency;
( vii ) Consent forms and instructions related to medical procedures or operations, medical power of attorney, or living will (with an option of providing only one notice for all documents bundled together);
( viii ) Discharge papers;
( ix ) Communications related to the cost and payment of care with respect to an individual, including medical billing and collections materials, and good faith estimates required by section 2799B-6 of the Public Health Service Act;
( x ) Complaint forms; and
( xi ) Patient and member handbooks.
( d ) A covered entity shall be deemed in compliance with this section with respect to an individual if it exercises the option to: ( 1 ) On an annual basis, provide the individual with the option to opt out of receipt of the notice required by this section in their primary language and through any appropriate auxiliary aids and services, and: ( i ) Does not condition the receipt of any aid or benefit on the individual's decision to opt out;
( ii ) Informs the individual that they have a right to receive the notice upon request in their primary language and through the appropriate auxiliary aids and services;
( iii ) Informs the individual that opting out of receiving the notice is not a waiver of their right to receive language assistance services and any appropriate auxiliary aids and services as required by this part;
( iv ) Documents, on an annual basis, that the individual has opted out of receiving the notice required by this section for that year; and
( v ) Does not treat a non-response from an individual as a decision to opt out; or
( 2 ) Document the individual's primary language and any appropriate auxiliary aids and services and: ( i ) Provides all materials and communications in that individual's primary language and through any appropriate auxiliary aids and services; or
( ii ) Provides the notice required by paragraph (a) of this section in that individual's primary language and through any appropriate auxiliary aids and services in all communications that are identified in paragraph (c)(5) of this section.