California Code of Regulations
Title 10 - Investment
Chapter 12 - California Health Benefit Exchange
Article 4 - General Provisions
Section 6452 - Accessibility and Readability Standards

Universal Citation: 10 CA Code of Regs 6452

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) All applications, including the single, streamlined application described in Section 6470 of Article 5 of this chapter, forms, notices, and correspondence provided to the applicants and enrollees by the Exchange and QHP issuers shall conform to the standards outlined in subdivisions (b), (c), and (d) of this section. This section shall not be interpreted as limiting the application of existing State laws and regulations regarding accessibility and readability standards, if any, that apply to the QHP issuers.

(b) Information shall be provided to applicants and enrollees in plain language, as defined in Section 6410 of Article 2 of this chapter, and to the extent administratively feasible, all written correspondence shall also:

(1) Be formatted and written in such a way that it can be understood at the ninth-grade level and, if possible, at the sixth-grade level;

(2) Be in print no smaller than 12 point-equivalent font; and

(3) Contain no language that minimizes or contradicts the information being provided.

(c) Information shall be provided to applicants and enrollees in a manner that is accessible and timely to:

(1) Individuals living with disabilities through the provision of auxiliary aids and services at no cost to the individual, including accessible Web sites, in accordance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act.

(2) Individuals who are limited English proficient through the provision of language services at no cost to the individual, including:
(A) Oral interpretation, including telephonic interpreter services in at least 150 languages;

(B) Written translations; and

(C) Taglines in non-English languages indicating the availability of language services in at least the top 15 languages spoken by the limited English proficient population in California.

(3) Inform individuals of the availability of the services described in subdivisions (c)(1) and (2) of this section and how to access such services.

(d) Information shall be provided to applicants and enrollees in a manner that is compliant with the nondiscrimination requirements under Section 11135 of the Government Code and Section 1557 of the ACA (42 USC § 18116) and its implementing regulations under Part 92 of Title 45 of Code of Federal Regulations ( 45 CFR Part 92) (May 18, 2016), hereby incorporated by reference.

Note: Authority cited: Section 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; 42 USC Section 18116; 45 CFR Part 92 ; and 45 CFR Section 155.205.

Note: Authority cited: Section 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; 42 USC Section 18116; 45 CFR Part 92 ; and 45 CFR Section 155.205.

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