I 118th CONGRESS 1st Session H. R. 5762 IN THE HOUSE OF REPRESENTATIVES September 27, 2023 Mrs. Kim of California (for herself and Ms. Meng ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Secretary of Health and Human Services to research and design a graphic symbol to indicate when linguistic access materials and services are available for a health program, product, or service, and for other purposes.

1. Short title This Act may be cited as the Health Communication Access and Resources for Everyone Act of 2023 and the Health CARE Act of 2023 . 2. Creation of a health language access symbol (a) Initiating process Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services (in this Act referred to as the Secretary ) shall start a process to establish a graphic symbol to indicate when linguistic access materials and services are available to users or recipients of a health program, product, or service. (b) Design The graphic symbol under this section shall be designed to— (1) inform people about the availability of existing interpretation services and translated materials; (2) provide a simple and widely understood method for health care providers, issuers, public health departments, and other entities engaged in health care, including public health and health care communications, to inform people about available resources to assist them in effectively communicating and receiving information about a health program, product, or service; (3) increase people’s access to communication regarding health programs, products, and services, thereby facilitating better uptake of preventative care, diagnosis, and treatment adherence; (4) ensure the effectiveness of the symbol across different modalities, including printed and electronic notices, websites, insurance program applications, and consumer-facing outreach and educational materials; and (5) provide parameters for the integration of context-specific information that accompanies the symbol, such as a telephone number for available telephonic interpreter services, a quick response code, or embedded links to websites with translated materials. (c) Research process In conducting or supporting research for the design of the graphic symbol under this section, the Secretary shall— (1) review the effectiveness of existing linguistic access symbols used in different settings or nations; (2) oversee a consumer research and brand design process to inform the creation, modification, or adoption of the graphic symbol, including an evaluation of the symbol’s comparative potential to improve consumer access to interpretation and translated materials and services, improve efficiency, and reduce waste; (3) consult throughout the process with stakeholders, including health insurance plans, health care providers, interpreters and translators, language services managers, language service companies, organizations representing different communities with limited English proficiency, organizations representing persons with disabilities and older adults, State and local governments, and Tribal organizations; and (4) conduct (directly or by entering into a contract) testing among a diverse set of communities using potential symbols to see whether and how those communities improve access to interpretation services and translation materials. (d) Finalization Not more than 18 months after the date of enactment of this Act, the Secretary shall— (1) finalize the design of the graphic symbol under this section; and (2) issue a report to the appropriate congressional committees detailing— (A) the design of the symbol; and (B) a plan for dissemination of the symbol under section 3. (e) Coordination with other Federal agencies (1) In general To the extent determined appropriate by the Secretary, and subject to paragraph (2), the Secretary shall provide for coordination, in designing the graphic symbol under this section, between— (A) the Department of Health and Human Services; and (B) other Federal agencies that could potentially adopt the graphic symbol under this section in communicating information to people with limited English proficiency. (2) No delay The Secretary shall not allow coordination under paragraph (1) to delay the design of the graphic symbol under this section, the issuance of the final report under subsection (d), or the dissemination of the symbol under section 3. 3. Dissemination of the health care language access symbol (a) In general Upon finalization of the design of the graphic symbol under section 2, the Secretary shall— (1) design an education program with the goal of increasing awareness of interpretation and translated materials and services among those who need linguistic access solutions with respect to health programs, products, and services; (2) work with entities likely to interact with populations that have limited English proficiency or linguistic barriers to health care access, such as public health departments, interpreter and translator associations, health care providers, health care assisters, Federally qualified health centers, health insurance issuers, community-based organizations, refugee resettlement organizations, and other entities identified by the Secretary; (3) work with health care providers, issuers, public health departments, and other entities identified by the Secretary as engaging in communication to consumers regarding health and health care to inform such entities of the symbol and encourage the use of the symbol in consumer communications; and (4) conduct trainings and provide technical assistance to State agencies responsible for the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) or the State Children's Health Insurance Program under title XXI of such Act ( 42 U.S.C. 1397aa et seq. ), managed care organizations, health insurance marketplaces, insurers, hospitals, Federally qualified health centers, and other recipients of Federal funds to encourage widespread knowledge and adoption of the symbol. (b) Use of the symbol in HHS programs The Secretary shall develop and implement a plan to use the graphic symbol under section 2 across all consumer communications developed by the Department of Health and Human Services, including applications for coverage, notices, websites, and public health information. (c) Option To use graphic symbol To comply with existing HHS requirements (1) In general If the testing under section 2(c) indicates that requiring use of the graphic symbol under section 2 would improve access to interpretation services and translation materials relative to such access under existing HHS requirements, the Secretary shall allow entities described in subsection (a)(2) to use such symbol to give notice of the availability of interpretation services and translation materials in lieu of complying with existing HHS requirements. (2) Definition In this subsection, the term existing HHS requirements means the requirements of the Department of Health and Human Services relating to giving notice of the availability of interpretation services and translation materials that are in effect as of the date of enactment of this Act. (3) Updates to regulations The Secretary may update such regulations and take such other actions as may be appropriate to carry out this subsection.