Cal. Code Regs. Tit. 10, § 6452 - Accessibility and Readability Standards
(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.
Notes
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.
2. New section refiled 4-1-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 4-1-2014 (Register 2014, No. 14). A Certificate of Compliance must be transmitted to OAL by 6-30-2014 or emergency language will be repealed by operation of law on the following day.
3. New section, including amendments, refiled 6-30-2014 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-29-2014 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 9-30-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats.
5. Editorial correction of History 4 (Register 2014, No. 45).
6. Editorial correction of History 4 (Register 2014, No. 50).
7. New section refiled 12-12-2014 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats.
8. New section refiled 5-11-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31); operative 5-11-2015 (Register 2015, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-30-2015 pursuant to Government Code section 100504 or emergency language will be repealed by operation of law on the following day.
9. Senate Bill 75 (Stats. 2015, Ch. 18) modified Government Code section 100504(a)(6) to change the date upon which a Certificate of Compliance must be transmitted to OAL. Pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 75 (Stats. 2015, Ch. 18), a Certificate of Compliance must be transmitted to OAL by 9-30-2016 or the language in the emergency order of 5-11-2015 will be repealed by operation of law on the following day (Register 2015, No. 38).
10. New section refiled 9-17-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 9-17-2015 (Register 2015, No. 38). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 9-17-2015 will be repealed by operation of law on the following day.
11. New section refiled 12-14-2015 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 12-14-2015 (Register 2015, No. 51). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 12-14-2015 will be repealed by operation of law on the following day.
12. New section refiled 6-6-2016 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 857 (Stats. 2014, c. 31) and Senate Bill 75 (Stats. 2015, Ch. 18); operative 6-6-2016 (Register 2016, No. 24). A Certificate of Compliance must be transmitted to OAL by 9-30-2016 pursuant to Government Code section 100504 or the language in the emergency order of 6-6-2016 will be repealed by operation of law on the following day.
13. Senate Bill 833 (Stats. 2016, c. 30) modified Government Code section 100504(a)(6) to extend the date upon which a Certificate of Compliance must be transmitted to OAL. Refiling of 6-6-2016 order on 9-30-2016 as a deemed emergency pursuant to Government Code section 100504(a)(6); operative 9-30-2016 (Register 2016, No. 40). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or emergency language will be repealed by operation of law on the following day.
14. New section refiled with amendments to subsection (a), new subsection (d) and amendment of Note on 2-16-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 2-16-2017 (Register 2017, No. 7). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 2-16-2017 will be repealed by operation of law on the following day.
15. New section refiled (including subsequent amendments) on 10-26-2017 as an emergency pursuant to Government Code section 100504(a)(6), as modified by Senate Bill 833 (Stats. 2016, c. 30), Senate Bill 75 (Stats. 2015, c. 18) and Senate Bill 857 (Stats. 2014, c. 31); operative 10-26-2017 (Register 2017, No. 43). A Certificate of Compliance must be transmitted to OAL by 10-1-2018 pursuant to Government Code section 100504(a)(6) or the language in the emergency order of 10-26-2017 will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 10-26-2017 order, including further amendment of section, transmitted to OAL 8-10-2018 and filed 9-24-2018; amendments effective
17. Amendment of subsections (c)(2)(C) and (d) filed 10-7-2019 as a deemed emergency pursuant to Government Code section 100504; operative
18. Amendment of subsections (c)(2)(C) and (d) refiled 9-9-2022 as a deemed emergency pursuant to Government Code section 100504; operative
19. Amendment refiled 10-13-2023 as a deemed emergency pursuant to Government Code section 100504; operative
20. Certificate of Compliance as to 10-13-2023 order transmitted to OAL 6-11-2024 and filed
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