Regulatory issues and ethical considerations in cross-cultural neuropsychology with a special emphasis on Limited English Proficiency

Regulations addressing provision of healthcare services to individuals from diverse cultures and with limited English proficiency (LEP) are reviewed and balanced against ethical considerations with respect to a provider’s competency in conducting such services. Federal regulations require providers at institutions receiving Federal financial assistance to provide services to individuals without allowing factors such as LEP to act as barriers to those services. However, regulations addressing these factors are not absolute, and must be applied reasonably, with respect to: the number of individuals who speak a particular language in an area, the criticalness of the services, and the costs to and resources of the provider’s institution. Thresholds based on numbers of individuals speaking a language requiring provision of language assistance services are reviewed. It is also noted that a provider’s competency in conducting a particular service to patients from diverse backgrounds may be factored as a resource, while accessing appropriate tools and knowledge to provide services to a particular group may be factored as a cost. A review of relevant issues pertaining to competence in conducting cross-cultural evaluations with an emphasis on LEP is presented, followed by case samples in which potential conflicts between regulations and provider ethical obligations are resolved.