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This site is no longer actively maintained.  It remains on-line as a historical exhibit about immigration, and as a record of creative research and service by University of Tennessee law students. The issues dealt with here are still fascinating and timely, but viewers should use caution. Any specific legal information contained on this site should not be relied upon, because it may have changed in the intervening years.  For additional information about this site and the decision to leave it on the web, visit the home page: http://web.utk.edu/~tnlatina/



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Health Care~

THE LAWS DEALING WITH LANGUAGE & ACCESS TO HEALTH CARE
TENNCARE INFORMATION
HEALTH CARE PROVIDERS (WITH DISCRIPTION OF SERVICES PROVIDED)

For web links and contacts on this issue, also see our general links & contacts pages.

LAWS DEALING WITH LANGUAGE &ACCESS TO HEALTH CARE

Note: This information is not a substitution for professionally obtained legal information and is not intended to contain legal advice.  The introduction is a mixuture of fact and opinion.  The references to applicable cases and statutes are subject to changes in law that may make the information outdated or invalid.  If you have a question about language and access to health care not covered on this page, you should contact your local legal aid office or a private attorney.

In the United States, the number of individuals who speak a language other than English is on the rise.  Those numbers are growing at much more rapid rate in states such as Tennessee and in regions such as the south.  One aspect of our society that faces serious repercussions of this language barrier is the health care and delivery system. Because of the absence of certified interpreters available in medical facilities throughout our state and nation, individuals who cannot speak English must often rely on bi-lingual employees (untrained as interpreters) and relatives (even their own children) to translate complicated medical information.  Often these untrained translators are acting as interpreters under the most difficult of circumstances.  The translators are asked to accurately convey crucial information in life or death situations.  

Health care should be provided in a manner that allows an individual to understand the nature and the purpose of the treatement he or she is agreeing to.  Currently, mandatory, regulated translators in facilities providing health services are not required by law. However, there are laws in existance that address language barriers to accessing health care.  This web page references some of these laws dealing with language and access to health care.

Title VI of the Civil Rights Act  

Civil Rights Act, Subchapter V, federally assisted programs.  U.S.Code.1992.Vol 42, Sec 2000d

Lau v. Nichols, 414 U.S. 563 (1974)

Tennessee's emergency patient transfer statute

Tenn Code Ann

TENNCARE INFORMATION

FREQUENTLY ASKED TENNCARE QUESTIONS
SAMPLE TENNCARE APPLICATION (WITH INSTRUCTIONS) 
TENNCARE RESOURCES (PHONE #S & ADDRESSES)


FREQUENTLY ASKED TENNCARE QUESTIONS

Who is eligible for TennCare?
Why does TennCare ask you to tell them your income?
Can my child get TennCare?
I have health coverage at work, but cannot afford family coverage. Does this preclude my children from receiving TennCare?
Where can I get help with TennCare EN ESPANOL?
Where can I get help if I have a hearing impairment?
Need help?  Have further questions?
Who is considered a TennCare "family group"?


Who is eligible for TennCare?

This is who can get TennCare after April 1, 1997:

People who live in Tennessee:

Who qualify for MediCAID or;

Who are losing MediCAID and have not been given a chance to buy health insurance at their workplace or at a family member's workplace or;

Who are uninsurable because they have been turned down for health insurance for health reasons or;

Who are losing COBRA eligibility or;

Who are children under age 18 (Click here for more info about Children & TennCare)


Why does TennCare ask you to tell them your income?

TennCare uses the family's total monthly income to decide if you must pay for your TennCare. If your income is above poverty, you pay: (1) monthly TennCare premiums and (2) part of your medical costs. If your income is below poverty, you do not pay for your TennCare services.


Can  my child get TennCare?

If your child does not have health insurance, you may be able to get TennCare for your child. TennCare covers the health care services that children need.

Effective April 1, 1997, TennCare enrollment is open to children under the age of 18. TennCare is free to children whose family income is at or below the federal poverty level.

Children can qualify for TennCare if:

1. They do not currently have health insurance;

AND

2. They cannot be covered through health insurance available at the parent's jobs. If the employer offers health insurance but, it is not taken because it costs too much, that child does not qualify for TennCare.

For those whose income is above the poverty level, there will be a charge on a sliding scale based on family income.


I have health coverage at work, but cannot afford family coverage. Does this preclude my children from receiving TennCare?

Parents who have insurance at work but cannot afford family coverage, can now get their kids on TennCare.

Example: Mrs. M is a single parent with one child. She has income of $1,035 a month. TennCare for her child would cost just $14.25 a month

Requirements:

Your child must be under age 19

Your family's gross income must be less than:

    $1 ,726 per month for a 2 person family

    $2, 164 per month for 3 person family

    $ 2,600 per month for 4 person family

    If  you have more than 4 people in your family call 1-800-669-1852

If you would like to apply for TennCare for your child, you must send an application to TennCare. You may call the Tenncare Hotline and they will send you an application. The phone number is 1-800-669-1851 or 741-4800 in the local Nashville area. You may also call your county health department. If you need help filling out the application, the county health department can help you.


Speak only Spanish?

Para mas informacion Ilame al centro de informacion del Proyecto en espanol de TennCare al Tel: 227-7568 Si su Ilamada es en el condado de Davidson o condados que lo rodean, Si es de larga distancia llame al Tel: 1-800-254-7568.


Where can I get help if I have a hearing impairment?

If you have a hearing impairment and use a TTY machine to talk on the phone, there are operators to help you. Your phone call will be answered by a TTY machine if you call 1-800-772-7647 or 313-9240 in the Nashville area. These telephone numbers are to be used only by those with a TTY machine.


Need help? Have further questions?

You can call the TennCare Hotline at 1-800-669-1851, or 741-4800 if you live in Nashville. You can also ask your county health department for help.


Who is considered a TennCare "family group"?

A married couple living together without children in the home;
A married couple and their children or step-children under age 21 who live with them;
A single parent and children under age 21 living together;
A guardian with children under age 21 living together;
An unmarried adult age 21 or older, with no children living with them;
    ••These persons should list only themselves, not their parents or another adult           they live with.
An unmarried person under age 21 who has children or is pregnant;
    •• She should list only herself and her children who live with her.
    •• She should NOT list other relatives she lives with.


SAMPLE TENNCARE APPLICATION
(WITH INSTRUCTIONS) 

This form is used to apply for TennCare as an uninsured or uninsurable person. To apply for MediCAID, contact the Tennessee Department of Human Services. If elderly or disabled contact a Social Security Office.

How to use this form to apply for TennCare:
Read the instructions on pages 3 and 4
Fill in the application form on page 2
Sign and date the application
Make a copy for yourself if you can

You should mail the application to:
TENNCARE BUREAU
P.O. BOX 740
NASHVILLE, TN 37202-0740

If you want to prove you mailed your application:
You can take this application to the Post Office. Ask for a proof of date of mailing slip. It costs $0.55. Keep the slip. If your application is lost in the mail, the TennCare Bureau agrees that the slip proves you sent it.


[Click here for a sample photo of a TENNCARE APPLICATION]

--Sample refered to in the following instructions for filling out a TennCare application


HOW TO FILL IN THE TENNCARE APPLICATION

Look at the example already filled in at the top of the chart (refer to sample) The name "John D. Doe" has been used to show you how to fill in each block.

Columns 1, 2, & 3: Who to List and Not List

Print first name, middle initial, and last name.

Do NOT just list all the relatives who live together. Look at the TennCare family groups below. Find the one that describes you. Put on your application only the people who are in the TennCare family group that applies to you. Some households will have several family groups sending separate application forms.

The TennCare family groups are:

A married couple living together without children in the home;
A married couple and their children or step-children under age 21 who live with them;
A single parent and children under age 21 living together;
A guardian with children under age 21 living together;
An unmarried adult age 21 or older, with no children living with them;
    ••These persons should list only themselves, not their parents or another adult           they live with.
An unmarried person under age 21 who has children or is pregnant;
    •• She should list only herself and her children who live with her.
    •• She should NOT list other relatives she lives with.

Don't know who to list on your application?

Call the TennCare Hotline at 1-800-669-1851. (In Nashville, call 741-4800.) When the phone is answered, press "0" to talk to a person.

Column 4: Social Security number

Print the Social Security number of each person listed. Double-check to make sure you got each number right.

Column 5: Sex

Put an M for male or an F for female for each person listed.

Column 6: Race

This block tells TennCare the race of each person listed. You do not have to tell your race. TennCare asks about race only to make sure that no one in TennCare is treated unfairly because of their race.

To tell your race, use one of these letters for each person:

I = American Indian or Alaskan W = White H = Hispanic

A = Asian or Pacific Islander B = Black M = Mixed race

Column 7: Date of Birth

Put each family member's date of birth. Print it like the "John D. Doe" sample. Put the month first, the day next and the year last (example: April 9, 1985 = 04-09-85).

Column 8: U.S. Citizen

Put Y or N to tell us if each family member listed is a U.S. Citizen.

Column 9: Have Health Insurance?

Put T (TennCare) for any family member who has TennCare now.

Put Y (Yes) for any family member who has one of the following kinds of health insurance:

Health insurance from his/her job or a family member's job
A medical insurance policy bought on his (her) own
MediCARE (red-white-blue insurance card for people on Social
Security)
CHAMPUS

Put P instead of Y if this insurance does not cover a health problem the person had before they got insurance.

Also put P instead of Y for anyone whose insurance is only a limited policy, such as a cancer, accident or hospital-only policy.

Put N (No) for anyone who has no health insurance.

IMPORTANT: If you put P for anyone, send a copy of the policy with the application.

Column 10: Could Get Health Insurance through Employer?

Put Y or N to tell TennCare if each person listed could buy health insurance at his/her job or at another family member's job. You must put Y here even if you do not buy this insurance because you think it costs too much.

Put N for each person who cannot buy health insurance at his or her job, or through the job of another family member.

Column 11: Turned Down for Health Insurance?

Put Y if the person has been turned down for health insurance because of a health problem.

Put N for everyone who has not been turned down for health insurance.

IMPORTANT: If you put Y for anyone, send TennCare a copy of the insurance company letter turning him/her down.

Column 12: Disabled?

Put Y or N to tell TennCare if a family member has a physical or mental disability. You do not have to answer this question if you do not want to.

Column 13: Applying for TennCare?

Tell TennCare if each member listed is applying for TennCare or is already enrolled in TennCare.

If the member is now enrolled in TennCare put a Y in column 13
If the member wants to enroll in TennCare at this time put Y in column 13
If the member does not want to enroll in TennCare at this time put N in column 13

Column 14: Total Monthly Income

Print the total monthly income for each adult. The total is the big amount (gross) before anything is taken out. Do not use the "take home" amount. Show only whole dollar amounts. For example put $600, not $600.28.

Include:
Money you earn from work
Social Security checks
Pensions
Interest and dividends
Rental profits
Alimony
Unemployment compensation

Do NOT include:
Child support you get
Worker's compensation
Money a dependent child under 21 earns from work

Still not sure what money to count?

Call TennCare at 1-800-669-1851 (In Nashville, call 741-4800). When the phone is answered, press "0" to speak to a person.

Number 15: Pick the TennCare Health Insurance Plan You Want (This is also called a managed care organization or MCO)

From the list included with this application, pick the TennCare health insurance plan you want to join. Write the plan name here. If other family members belong to TennCare, you must choose the same plan they have. If you do not pick a TennCare health insurance plan, we will pick one for you.

Number 16: Sign and Date

Read the statements printed at the bottom of the application. The head of the family should sign and date the application. If married, the spouse should also sign and date the application.


TENNCARE RESOURCES (PHONE #S & ADDRESSES)

Where to write:

TENNCARE BUREAU
P.O. BOX 740
NASHVILLE, TN 37202-0740

Where to Call:

Call TennCare at 1-800-669-1851 (In Nashville, call 741-4800). When the phone is answered, press "0" to speak to a person.

Para mas informacion Ilame al centro de informacion del Proyecto en espanol de TennCare al Tel: 227-7568 Si su Ilamada es en el condado de Davidson o condados que lo rodean, Si es de larga distancia llame al Tel: 1-800-254-7568.

If you have a hearing impairment and use a TTY machine to talk on the phone, there are operators to help you. Your phone call will be answered by a TTY machine if you call 1-800-772-7647 or 313-9240 in the Nashville area. These telephone numbers are to be used only by those with a TTY machine.

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HEALTH CARE PROVIDERS (WITH DISCRIPTION OF SERVICES PROVIDED)

[This page consists of a list of East Tennessee Health care providers that provide services to hispanic and low income individuals.  Also included, is a list of services each provider offers]

INTERFAITH HEALTH CLINIC
REACHOUT
RURAL MEDICAL SERVICES
KNOXVILLE HEALTH DEPARTMENT
CALL FOR HEALTH
UNIVERSITY OF TENNESSEE MEDICAL CENTER
GOOD SAMARITAN CLINIC



INTERFAITH HEALTH CLINIC

315 Gill Avenue
Knoxville, Tennessee 37917

Telephone: (423) 546-7330
FAX: (423) 546-6643


Patient Guidelines
Eligible patients meeting the following guidelines are treated without regard to race, sex, creed, age, sexual orientation, or national origin.
•Social Security Number requested, but not required
•Bring your own interpreter, there are no Spanish speakers on staff
•No pre-natal care available at this clinic

Mission: To provide healthcare to the medically uninsured and medically under-served

Insurance Guidelines
Uninsured with the exception of Medicare. (With Medicare coverage, no supplemental policies covering office visits or medications.) All other exceptions are made on an individual basis. Example: insurance covers only hospitalization.

Financial Guidelines
Household income between indigent level and 200% of federal poverty guidelines. (Indigent care is offered at the Health Department.)
Examples:
1 person $4,320 - $14,940
3 persons $5,040 - $25,180
5 persons $5,940 - $35,420

Payment Requirements
Patient payment is required for services rendered. IHC is not a free clinic. Patients are charged on a sliding fee scale based on income and number of people in the household.

Services Offered
•Primary care with available specialty care (includes pediatric care)
•Dental clinic
•Mental health services
•Pharmacy (dispensed for a $3 handling fee)
•Eye clinic
•Hospitalizations on sliding fee
•Minor surgery

Centrally located on Gill Ave., one block off Broadway.
If you think you might qualify, call with the following information:
•Number in household
•Household income
•Insurance information
•There are no Spanish speakers on staff, so if you call please have an interpreter
Appointment is necessary.

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REACHOUT
400 W Main Street Suite 312
PO Box 731

Morristown, TN 37815-0731

Phone: (423) 587-7307
Fax: (423) 587-7307
Rosie M. Freeman (Director)


Who We Are
Mission/Purpose
Established in April, 1996, Reachout, Inc. is a nonprofit 501(c)3 organization committed to enhancing the physical and mental well-being of low-income and under-served communities in East Tennessee. This is accomplished through collaborative peer education, outreach, and advocacy programs designed to empower those communities. Our target community includes the Hispanic migrant, seasonal, and settled farmworkers of East Tennessee.
Reachout empowers natural helpers who live and work in communities through training, access to service agencies, and networking. Our trained Community Outreach Aides (COAs) unite with local service providers to improve community access to health care and social services while expanding health education and community action for health promotion.

Services
•Provide individuals, families, and communities with information on basic health care, health education/promotion/prevention;
•Assist individuals and families in identifying their needs; provide periodic community needs assessments;
•Act as a linkage/referral source to needed medical, social, and community services;
•Provide assistance in obtaining services and function as a liaison/advocate between families and services;
• Conduct health screenings an follow up;
•Provide social support, counseling, and client translation services
•Provide basic English as a second language and GED facilitation.

Health Education Topics
AIDS/HIV Women's Health
Alcohol/Substance abuse Farm Safety
Dental Care Pesticides
Prenatal Health Ed. Tuberculosis
Postnatal Health Ed. Domestic Violence
Infant Health Child Development
Diabetes Lead
Hygene


Program Delivery
Locations within the community, camps, health centers, schools, churches, work sites, homes


Geographic Area/Unit
Rural, county, multi-county, individual, family, community


Current Programs/Projects Under our Community Outreach Aide Umbrella
•COA: Community Comadre Pre-, Postnatal Home- Visiting Program
•COA AIDS/HIV Education Progam
•Amigos Volunteer Project

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RURAL MEDICAL SERVICES
PO Box 99
Parrottsville, TN 37843

Phone (423) 625-1170
Fax (423) 625-3618
After Hours (423) 625-0766
Kelly N. Melear (Migrant Program Coordinator)
email: kmelear@planetc.com

MIGRANT HEALTH PROGRAM
Rural Medical Services, Inc., Parrottsville Center operates a Migrant Health Program designed to meet the Health needs of migrant farm laborers in Cocke, Hamblen, Jefferson, Greene and Sevier counties. We offer the following services to farmworkers:
Primary health care including: Prenatal care, pediatrics, family planning, adult sick care, laboratory testing, pharmacy, specialty referral, immunizations, and patient health education
Bilingual (Spanish-English) medical providers so that patients can be treated in their own language (one physician, one nurse practitioner, 2 migrant program staff)
Sliding scale fee based on income, patients pay according to ability
Limited transportation services (free)- We realize that many farmworkers find transportation to be a problem and we don't want that to be a barrier for them in getting the health care they need
Case management services - Our bilingual staff is trained to treat the patient in a holistic manner, addressing social as well as health needs. We make appropriate referrals to the department of human services, and other charitable agencies, and we provide assistance in accessing services at other agencies
Prenatal Outreach - It is vitally important for every pregnant woman to receive adequate and consistent prenatal care beginning as early as possible in her pregnancy. We have a bilingual Perinatal Outreach worker on staff who works primarily with pregnant women to assist them in getting to their appointments and in understanding how to have a healthy baby.
•Pesticide Safety and Occupational Health education - This summer, the Migrant Program at RMS is offering to provide Pesticide Safety trainings in Spanish for farmers employing Spanish-speaking workers. The presentations meet EPA requirements for Worker Protection Standards, and are conducted by a bilingual, state-certified trainer. We also touch on occupational health topics such as heat exhaustion and dehydration. These trainings are free of charge and we will also provide each worker attending with a pair of unlined nitrile gloves, which protect hands from pesticides, and the first 10 farmers to participate will receive a free Mixer/Applicator kit which includes the following: gloves, coveralls, goggles, a face shield, a respirator, overshoes, an apron, and a field warning sign. Call Kelly or Laura at 423-625-1377 for more information.
•Health Screenings: Many times farmworkers are unable to come to the clinic because of transportation problems, time constraints or other barriers. Our staff tries to alleviate this problem by doing periodic health screenings at migrant labor camps or farms. This is a service we offer to help farmers keep their workforce healthy with minimal time away from work, and no travel necessary.

For more information or to request any of the above services, please contact Kelly Melear-Hough or Laura Lyons at 423-625-1377/625-1170. We are here to help you!

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KNOX COUNTY HEALTH DEPARTMENT
140 Dameron Avenue
Knoxville, Tennessee

423-544-4101

The Health Department does not discriminate against undocumented persons. They will ask for a Social Security number, but you do not have to give one. Please bring documentation of income and expenses such as pay stubs and rent receipts.

Services provided to all persons:
1. Family planning (must meet income guidelines or TennCare guidelines)
2. Immunizations for children and adults (available to all persons regardless of income – bring any records of prior immunizations)
3. WIC (nutritional program for pregnant women, breastfeeding mothers, and children to age five – must meet federal income guidelines)
4. Prenatal services (must be a permanent Knox County resident with low income and care must be for the entire pregnancy)
5. Communicable diseases (no income guidelines)
6. Sexually transmitted diseases including HIV counseling and testing (no income guidelines)
7. TennCare enrollment for children (must give Social Security number; income determines premium and/or co-pay amounts, if any)

Services provided to documented persons only:
1. Only accept TennCare for children and pregnant women who are assigned to the Knox County Health Department
2. Indigent medical and limited dental care for adults (must be a Knox County resident and meet income guidelines)

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CALL FOR HEALTH
National Center for Farmworker Health
America's Voice for Farmworkers, a Free Phone Call Away
Una Voz Para la Salud Con Solo Llamar... y es Gratis
1-800-377-9968


The Call for Health Project has been designed to provide nationwide information and referral on health services for migrant farmworkers and migrant clinic staff in the United States.  The Call for Health toll-free line is answered by bilingual Information and Referral Specialists who find the closest available health care resource for you and provide you with reliable referral.

We have information about health services for farmworkers including referrals to migrant health centers that are specifically created to meet the health care needs of farmworkers. We can direct you to the closest health department, access point for social services, volunteer medical provider or private physician who is bilingual. To find out how your program can work with Call For Health, or to obtain a health referral, call:

CALL FOR HEALTH- America's Voice for Farmworkers, a Free Phone Call Away. 1-800-377-9968

Contact us if you are in search of referrals for medical assistance on issues such as:
•Medical Services for Adults and Children
•Immunizations
•Dental Care
•Health Education and Social Services
•Sexually Transmitted Diseases
•WIC Programs
•Diabetes

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UNIVERSITY OF TENNESSEE MEDICAL CENTER

1924 Alcoa Highway
Knoxville, TN 37920

423-544-9000
Emergency Room: 423-544-9401

• Emergency services provided to all persons (documents not needed). Pregnant women can sign up for childbirth services beginning in the 8th month.

•No preventive or on-going care for undocumented persons.

•UT Hospital absorbs the charges for undocumented persons.

•Spanish Speakers available to translate

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GOOD SAMARITAN CLINIC

811 E. Lamar Alexander Parkway
Maryville, TN 37804

423-983-9802

•Family practice, pediatrics, and infant care.

•Prenatal referred out.

•Dental clinic scheduled to open in June, 1999.

•Sliding fee or TennCare.

•Spanish Speakers available to translate

 

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This page was created 04/99. For updated information on TennCare, write: TENNCARE BUREAU, P.O. BOX 740, NASHVILLE, TN 37202-0740 -or- Call: TennCare at 1-800-669-1851 (In Nashville, call 741-4800)

DISCLAIMER: This web page a work-in-progress. We are attempting to add to it as we learn more, and we make corrections when inaccuracies come to our attention.  If you observe any mistakes or have any suggested additions, please EMAIL US.  Even though our site is imperfect and not intended to be relied upon as a substitute for legal advice, we hope people will find it informative and helpful. In any case, visitors should not entirely rely on the completeness or accuracy of the information on the webpage, but should confirm information for themselves before making assumptions.

 

 

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