1. A health facility shall take reasonable steps to ensure that language barriers do not prevent a person with limited English proficiency from obtaining necessary health care. 2. In determining whether a particular action is necessary to comply with subsection 1, a health facility shall, and in determining whether a health facility is in compliance with subsection 1, the Division shall: (a) Evaluate, and give substantial weight to, the nature and importance of the services or programs provided by the health facility and the relevant communications to the person with limited English proficiency; and (b) Consider any other relevant factors, including, without limitation, the effectiveness of any procedure for providing language access through written documents. 3. A service to provide language assistance to ensure compliance with subsection 1 must: (a) Be provided free of charge to the person with limited English proficiency; (b) Be accurate in translation or interpretation and provided in a timely manner; and (c) Protect the privacy and ability of the person with limited English proficiency to make independent decisions. 4. Except as otherwise provided in NRS 449.145 , if a health facility determines pursuant to subsection 2 that interpretation services or translation services are necessary to ensure compliance with subsection 1, the health facility shall utilize an interpreter or translator who is qualified pursuant to NRS 449.147 to provide those services. 5. A health facility shall ensure that a translator who is qualified pursuant to NRS 449.147 reviews a machine-translated document if the document: (a) Relates to the rights of a person with limited English proficiency, the goods or services provided by the health facility or the ability of a person with limited English proficiency to obtain necessary health care; (b) Must be accurately translated to ensure compliance with subsection 1 or protect the health and well-being of a person with limited English proficiency; or (c) Is complex, nonliteral or technical.
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