Written Information. The MCO shall submit to the STATE for review and approval written information intended for Potential Enrollees or Enrollees. Information requiring approval is listed in the Materials Guide posted on the DHS managed care website. The list of materials identifies information that is submitted for the purposes of file and use, information only, STATE review and approval, or information not to be submitted. The STATE will notify the MCO of any changes or updates to the Materials Guide. The MCO will use the STATE-approved discrimination and complaint notice which includes the accessibility language, and include this information with written communications from the MCO to Enrollees. The auxiliary aids and services language must be in a fourteen (14) size font in the notice. These communications can either incorporate the notice information into the written communication or include it with the communication as a separate document. Any waiver from this requirement must be prior approved by the STATE. The MCO shall determine and translate vital documents, by qualified translators as defined in 45 CFR § 92.4, and provide them to households speaking a prevalent non-English language, whenever the MCO determines that five percent (5%) or one thousand (1,000) persons, whichever is less, of the population of persons eligible to be served or likely to be affected or encountered in the MCO’s Service Area speak a non-English language. If a Potential Enrollee or Enrollee speaks any non-English language, regardless of whether it meets the threshold, the MCO must provide that the Potential Enrollee or Enrollee receives free of charge information in his or her primary language, by providing oral interpretation or through other means determined by the MCO.
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