Corrected Contract Year 2024 Translated Model Materials Requirements and Language Data Analysis

Relevant to: MA, PDPs

Pursuant to 42 C.F.R. §§ 422.2267(a)(2) and 423.2267(a)(2), Medicare Part C plans and Part D sponsors (Sponsors) are required to translate vital materials into any non-English language that is the primary language of at least 5 percent of the individuals in a plan benefit package (PBP) service area. The Sponsors that have service areas that meet the 5 percent threshold must provide these translated materials on their websites and in hard copy upon beneficiary request. Effective CY 2024, §§ 422.2267(a)(4) and 423.2267(a)(4), require fully integrated dual eligible special needs plans or highly integrated dual eligible special needs plans, as defined at § 422.2, or applicable integrated plans, as defined at § 422.561, to translate materials into the language(s) required by the Medicaid translation standard as specified through their capitated Medicaid managed care contract in addition to the language(s) required by the Medicare translation standard. In addition, per §§ 422.2267(a)(3) and 423.2267(a)(3), these materials must be provided on a standing basis in any identified languages or accessible format upon receiving a request for the materials or when otherwise learning of the enrollee’s primary language or need for an accessible format. Translation requirements for MedicareMedicaid Plans (MMPs) are detailed in the three-way contracts as well as in each state-specific marketing guidance document on the CMS website.1

See the full guidance for more information.