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What Employers Should Know About Non-English Language Assistance Requirements Under ERISA and the ACA
KLB Benefits Law Group
[Guidance Overview] Oct. 13, 2022 "There is no requirement under ERISA that summary plan descriptions (SPDs) and summaries of material modifications be provided in any language other than English. However, where a plan covers a large enough population of participants who are only literate in the same non-English language, assistance in that non-English language must be offered.... The ACA requires that certain group health plan materials be provided in a 'culturally and linguistically appropriate manner.' The group health plan materials at issue include the summary of benefits and coverage (SBC) and appeal notices under the enhanced group health plan claims procedures." |
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