US Healthcare · Records, Language and Access
Filing a Language Access Complaint
How to file a language access complaint with the HHS Office for Civil Rights — what the process involves, what information to gather, deadlines, and what happens after you file.
Patients with limited English proficiency who were denied a qualified interpreter or experienced other language access violations at a US healthcare facility, and want to report it.
If a healthcare facility denied you a qualified interpreter, charged you for interpretation, or otherwise failed to meet its language access obligations, you can report this to a federal enforcement agency. The HHS Office for Civil Rights (OCR) investigates complaints under Section 1557 of the ACA and Title VI of the Civil Rights Act and can require facilities to change their practices. This guide explains how to prepare and submit a complaint and what to expect from the process. For an overview of the legal rights behind language access, see the Interpreter Rights and Language Access guide.
What counts as a language access violation
Before filing, it helps to identify the type of violation you experienced. Common violations include:
- Being refused a qualified interpreter after requesting one
- Being told you must use a family member or minor child as your interpreter
- Being charged a fee for interpretation or translation services
- Receiving critical health information — diagnoses, treatment options, discharge instructions, consent forms — without interpretation
- Being provided an unqualified interpreter (such as a bilingual but untrained staff member) without being offered a professional alternative
- Not receiving translated written materials in a language you understand when those materials are vital documents (consent forms, patient rights notices)
- Being treated differently or receiving lower-quality care because of your language
Each of these may constitute a violation of Section 1557 and Title VI at a federally funded facility.
What to gather before you file
Strong complaints include specific, documented facts. Before filing, collect and organize the following:
| Information to gather | Why it matters |
|---|---|
| Date and time of the incident | OCR uses this to assess the 180-day filing deadline |
| Name and address of the healthcare facility | Needed to identify the covered entity and initiate contact |
| Names or descriptions of staff involved | Helps OCR contact specific individuals during investigation |
| Description of what you requested and what you received | The core factual account of the violation |
| Documentation — appointment records, billing statements, written notices | Corroborating evidence of what occurred |
| Witness information — anyone who was present | Corroboration from others who observed the incident |
| Records of any previous complaints to the facility | Evidence of a pattern or failure to self-correct |
Write a narrative of what happened in your own words while the events are fresh. If you communicated with the facility in writing (by email, portal, or letter), keep copies.
Documents and terms you’ll see
Documents and terms you’ll see
- Complaint form — the online or paper form used to submit allegations to HHS OCR; available at ocrportal.hhs.gov in multiple languages. See grievance in the glossary.
- Section 1557 — the ACA provision that prohibits language discrimination and other forms of health discrimination at federally funded facilities; your complaint will cite this if the violation involved language access. See section-1557.
- Notice of Action — written communication from OCR acknowledging your complaint and informing you of next steps; keep this for your records. See interpreter services for the underlying right being enforced.
- Corrective action agreement — a written agreement between OCR and a facility committing to specific steps to remedy a violation; OCR may negotiate this as part of informal resolution.
How to file with HHS OCR online
The online portal at ocrportal.hhs.gov accepts complaints in English and Spanish and provides language assistance for other languages upon request. The process takes approximately 15 to 30 minutes:
- Go to ocrportal.hhs.gov and select “File a Complaint.”
- Select the type of complaint — choose “Health & Human Services” and then identify Section 1557 or civil rights as the basis.
- Enter the name and address of the facility you are complaining about.
- Provide your contact information (or indicate you wish to file anonymously).
- Describe the incident in your own words — include dates, what you requested, what was refused, and who was involved.
- Upload any supporting documents you have gathered.
- Review and submit the complaint.
You will receive a confirmation number. Save this for tracking. OCR will follow up by mail or email.
How to file by mail or phone
If you prefer not to file online:
- By mail: Address your written complaint to the HHS OCR regional office serving your state. The HHS website lists regional office addresses. Include all of the same information listed above.
- By phone: Call 1-800-368-1019 (TDD: 1-800-537-7697) to reach OCR. Staff can explain the process and mail you a paper complaint form. They also provide language assistance.
- By email: Some regional offices accept email submissions; check the HHS OCR regional office page for contact details.
The 180-day filing deadline
Federal law requires that complaints be filed within 180 days of the date the discriminatory act occurred. If more than 180 days have passed:
- You may request a waiver by explaining why you could not file sooner (illness, lack of knowledge about the process, barriers to access).
- OCR has discretion to extend this deadline for good cause.
- Filing as soon as possible is always the safer approach.
For ongoing or repeated violations — for example, a facility that routinely denies interpreters — the deadline typically runs from the most recent occurrence.
What happens after you file
OCR reviews every complaint for:
- Whether the complaint is within its jurisdiction (the facility must be a covered entity)
- Whether the complaint was filed within the deadline
- Whether the facts, if true, would constitute a violation
If the complaint proceeds, OCR may:
- Request documentation from the facility
- Interview witnesses and staff
- Conduct an on-site review of the facility’s language access policies and procedures
- Attempt informal resolution — working with the facility to agree on corrective action without a formal finding
- Issue a Letter of Findings if investigation concludes, stating whether a violation was found and what corrective action is required
If OCR finds a violation and the facility does not agree to corrective action, OCR can refer the matter to the Department of Justice for enforcement. You will be notified of the outcome of your complaint.
State-level complaints
Several states have civil rights enforcement agencies that run parallel to HHS OCR. Depending on your state, you may be able to file with:
- Your state’s Department of Health
- Your state’s Civil Rights Division or Attorney General’s office
- Your state’s insurance commissioner (for complaints involving insurer language access)
State agencies may have different deadlines and procedures. Filing at both the federal and state levels simultaneously is generally permitted.
Private legal action
Filing a complaint with OCR is separate from pursuing a private lawsuit. Some individuals choose both routes. Section 1557 provides individuals with certain rights to sue directly in federal court. Consulting with a civil rights attorney or legal aid organization can help you understand whether a lawsuit is a practical option given your specific circumstances. Many legal aid organizations represent LEP clients in civil rights matters at no cost.
Key terms
| Term | Plain meaning | Glossary |
|---|---|---|
| HHS OCR | Office for Civil Rights within the Department of Health and Human Services — the federal agency that enforces language access and anti-discrimination rules in healthcare | → |
| Section 1557 | ACA provision prohibiting language discrimination in health programs receiving federal financial assistance | → |
| Title VI | Civil Rights Act provision prohibiting national-origin discrimination in federally funded programs, covering language access | → |
| Complaint | A formal written allegation filed with a government enforcement agency describing a violation of law | → |
| Corrective action | Steps a healthcare entity must take to remedy a civil rights violation found by OCR, such as policy changes or staff training | → |
Common questions
- Where do I file a language access complaint?
- File with the HHS Office for Civil Rights (OCR) at ocrportal.hhs.gov. You can also file by mail or by calling 1-800-368-1019. OCR is the primary federal enforcement agency for Section 1557 and Title VI in healthcare. Some states have parallel civil rights agencies where you can file a state-level complaint as well.
- What is the deadline for filing a complaint?
- You must file with HHS OCR within 180 days of the date the discriminatory act occurred. If you miss this window, you can request a waiver of the deadline by explaining the reason for the delay. Filing as promptly as possible is advisable, as evidence is easier to gather soon after the incident.
- Can I file a complaint anonymously?
- You can file a complaint without providing your full identity, but OCR's ability to investigate on your behalf may be limited if it cannot contact you. OCR does accept anonymous tips and may investigate based on the information provided, especially if a pattern of conduct at a facility is identified. If you provide your name, OCR keeps complaint files confidential to the extent permitted by law.
- Do I need a lawyer to file a complaint?
- No. You can file directly with HHS OCR without an attorney. The online portal walks through the required information step by step. If you decide to pursue a private lawsuit in addition to or instead of a federal complaint, legal representation is advisable, and legal aid organizations may be able to assist at no cost.
- What happens after I file a complaint?
- OCR reviews the complaint for completeness and jurisdiction. If it falls within OCR's authority, OCR may contact the facility, request records, and conduct an investigation. OCR may resolve the complaint through informal resolution — in which the facility agrees to corrective action — or through a formal finding. You will be notified of the outcome.
- Can I also sue the healthcare facility directly?
- Individuals may have the right to file a private lawsuit under Section 1557 in federal court. Courts have addressed the scope of this right in different ways, so consulting a civil rights attorney or legal aid organization is advisable before pursuing private litigation.
- Will filing a complaint affect my care at that facility?
- Retaliation against a patient for filing a civil rights complaint is itself a violation of Section 1557 and Title VI. If you experience adverse treatment after filing a complaint, document it and report it to OCR as a separate retaliation allegation.
Sources
Last reviewed: September 2026