                                 CODE OF VIRGINIA

MEDICAID MANAGED CARE PROGRAMS; PROGRAM INFORMATION DOCUMENTS; PLAIN LANGUAGE
REQUIRED (§ 32.1-330.2)

A. As used in this section, &#8220;program information&#8221; means all forms of
communication that (i) are provided to any person who is an applicant for or a
recipient of medical assistance services provided by the Commonwealth pursuant
to Titles XIX and XXI of the Social Security Act and (ii) describe eligibility
requirements, available medical assistance services, and the rights and
responsibilities of recipients of medical assistance services provided by the
Commonwealth pursuant to Titles XIX and XXI of the Social Security Act.

B. The Board of Medical Assistance Services shall require that all program
information be (i) communicated in nontechnical, readily understandable, plain
language and (ii) made available in a manner that is timely and accessible to
(a) individuals with limited English proficiency through the provision of
language access services, including oral interpretation and written
translations, and (b) individuals with disabilities through the provision of
auxiliary aids services, when doing so is a reasonable step to providing
meaningful access to health care coverage. A person that makes program
information available may consider resources, including staffing, available to
such person and the cost of responding to requests for language access or
auxiliary aids services in determining the reasonableness of making program
information available pursuant to this subsection.

C. Language access services and auxiliary aids services provided to ensure
program information is accessible to individuals with limited English
proficiency and individuals with disabilities shall be provided without charge
to such individuals. Information regarding how to receive language access
services and auxiliary aids services shall be included with program information
documents on a website maintained by the Department and on the website of every
state or local government agency or state agency contractor that provides
program information.

D. Every person that provides program information shall use an objective
readability measure approved by the Department to test the readability of its
program information documents. The requirements of this subsection shall not
apply to language that is mandated by federal or state laws, regulations, or
agencies.

E. All program information documents within the scope of this section, and all
amendments thereto, shall be made available for review upon the request of the
Department. Any program information document that is exempt from the
requirements of subsection B shall be accompanied by a documentation of the
federal or state law, regulation, or agency mandate that authorizes the
exemption.

HISTORY: 1996, c. 318; 2022, c. 775.